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Public Safety & Quality of Life

2 West 32nd Street 5/6. TR 32 Enterprises Corp. - application for an original liquor license

WHEREAS, Jenny Umans, on behalf of TR32 Enterprise Corporation ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,000 square feet of indoor space on the fourth floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a bar, lounge, with a total of 31 tables and 62 seats for drinking and eating light fare; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 70 on the fourth floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, Applicant shall:

a.       provide floor plans prepared by licensed architect, indicating egress path, egress calculations and occupancy load in 30 days (August 1, 2010)

b.      provide NYC DOB approved plans in 60 days (September 1, 2010)

c.       operate the Premises as a lounge with standing bar and light fare food service. Private parties shall be deemed included in Lounge Use;

d.      hours of operation Monday through Thursday 6 PM to 2 AM; Friday and Saturday 6PM through 3AM; and closed Sunday;

e.       at its option, have a live piano music to be used by patrons;

f.       prohibit dancing at the Premises at all times;

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

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

i.        meet with neighbors and CB5 if requested to immediately address any complaints from the community; 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 Jenny Umans 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 renewal 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 TR32 Enterprise Corporation for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32nd Street, 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 26 in favor; 0 opposed; 1 abstaining.

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