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Public Safety & Quality of Life

20 West 39th Street (5/6), TCC 39TH LLC /Culture Club - application for a new on-premises liquor license and cabaret license

WHEREAS, ROBERT WATMAN, on behalf of TCC 39th LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for a new liquor license for the nightclub to be located at the premises leased to Applicant at 20 West 39th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 4,500 sq.ft. per floor of indoor space on the ground floor, second floor, third floor, and basement, with second and third floors also used for offices (2nd floor) storage (3rd floor) and bathrooms (all floors); and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated as a lounge / nightclub / private event space, with operating hours of Monday through Sunday from 5:00PM until 4:00AM; and

WHEREAS, Total capacity of the Premises is 850, including 240 for the basement, 266 for the first floor, 240 for the second floor and 144 for the third floor; and

WHEREAS, The Premises includes a patron bar in the basement, a patron bar on the first floor and a patron bar on the third floor, with service bars on the first and third floors and a prep kitchen for catering on the second floor; and

WHEREAS, This new operation will fill currently vacant space which was formerly a very problematic operation; and

WHEREAS, Applicant is a well-known nightclub operator with an experienced management team and an excellent reputation; and

WHEREAS, Applicant shall:

1.                  be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Licensee shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Licensee at all times;

2.                  permit dancing, if deemed permissible by city agencies, only in those areas governed by a cabaret license issued by the New York City Department of Consumer Affairs;

3.                  maintain adequate security at the Premises at all times in the proportion of one security personnel for every 50 patrons, thus requiring up to a maximum of 17 security personnel for the expected occupancy, to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing required for purposes of maintaining legal capacity, if deemed permissible by governing city agencies, shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

4.                  incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

5.                  agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of and surrounding the Premises;

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

7.                  provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community, and agree to meet with neighbors and CB5 if requested;

8.                  strictly comply with and adhere to the plans for the operation of the business, as set forth herein; 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 Robert Watman ever contemplate a transfer of his interest in Applicant so that he 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 TCC 39th LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the nightclub to be located at the premises leased to Applicant at 20 West 39th 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; and be it further

RESOLVED, that Community Board Five has no objection to the issuance of a cabaret license to the Applicant by the New York City Department of Consumer Affairs.

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

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