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Public Safety & Quality of Life

16 West 22nd Street (5/6), 21 Grams Inc. - application for a new on-premises liquor license

WHEREAS, Mihoko Kiyokawa, on behalf of 21 Grams Inc. ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the restaurant to be located at the premises leased to Applicant at 16 West 22nd Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,500 square feet on the ground floor; of which 2,200 square feet is to be public space for dining, including an open kitchen viewable by diners, 1,000 square feet to be used as retail space and pastry shop, and 1,300 square feet to be used only for prep kitchen, offices, cloakroom and storage; and in addition approximately 4,500 square feet on the basement floor, 3,700 square feet of which is to be used for staff meeting rooms, storage, catering operations and secondary prep kitchen, and 800 square feet of which to be used as a private event space for dining; and

WHEREAS, The Premises will be operated exclusively as a restaurant and retail operation, with a total of approximately 25 tables, 70 seats, and 30 bar stools, with a full kitchen;  and

WHEREAS, Estimated patron usage is approximately 100 in the ground floor restaurant; and 50 in the basement dining space; with an estimated total capacity of 175, including kitchen personnel and staff; and

WHEREAS, The Premises includes 2 patron bars and 1 service bar; and

WHEREAS, The new restaurant operation will replace what was once a very problematic operation; and

WHEREAS, Applicant's team is composed of experienced restaurateurs with an impressive resume and successful, well-known, and highly reputable restaurants; and

WHEREAS, Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant and retail operation, and restrict the hours of operation to close no later than 12:00AM midnight seven days a week;

2.      agree that licensed space on Premises to be limited to the public dining area on the ground floor and the private event space on the basement floor only, with all other spaces at Premises not licensed;

3.      prohibit dancing at the Premises at all times;

4.      not apply for a cabaret license at any time;

5.      not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;

6.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;

7.      discourage customers from loitering outside the Premises at any time;

8.      discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

9.      ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

10.  strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

11.  meet with neighbors and CB5, if requested; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Mihoko Kiyokawa ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 21 Grams Inc. for a new liquor license for the restaurant to be located at the premises leased to Applicant at 16 West 22nd Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

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