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Public Safety & Quality of Life

33-39 EAST 21ST STREET (B/T BROADWAY AND PARK AVENUE SOUTH) CDR ACQUISITIONS, LLC D/B/A "ROOM SERVICE" AND "TENS" APPLICATION FOR NEW ON-PREMISES LIQUOR LICENSE (TRANSFER)

WHEREAS, CDR Acquisitions, LLC, ("Applicant"), has notified Community Board Five of its intention to file an application for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st Street, New York, New York (the "Premises"); and

WHEREAS, the Premises consist of 10,000 square feet of space on the ground floor and 2,000 on the basement level, with the basement level being used solely for storage, bathrooms, office space and a food preparation area; and

WHEREAS, the Premises is a two-part establishment with one side operated exclusively as a nightclub, restaurant, and bar with 20 tables and 100 seats (including banquette seating) for dining and 20 bar stools; and the other side operated exclusively as a gentlemen's club, with 22 tables and 70 seats (including banquette seating) and 13 bar stools; and

WHEREAS, the principals of Applicant are the same as the principals of the current owner but the ownership and license are being transferred for corporate reasons; and

WHEREAS, the Applicant has agreed that it shall:

 

a)      operate the Premises as a restaurant and gentlemen's club with seated bar and dining service only, with private parties being deemed included in restaurant use but promoter-driven events being deemed specifically excluded from restaurant use;

 

b)      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 Applicant 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 Applicant at all times; and

 

c)      at all times when the Premises is being used for more than just restaurant use, maintain no less than three (3) dedicated security personnel in and in front of the Premises at all times and a fourth (4th) on Thursday, Friday and Saturdays 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 immediately after closing, and

 

d)      ensure that Security personnel shall all times be directed and supervised by employees of Applicant;

 

e)      discourage customers from loitering outside the Premises at any time, whether for smoking, cell phone use or any other purpose;

 

f)       arrange for private garbage pickup and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

 

g)      meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

 

WHEREAS, Applicant agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; 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, 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 Fiverecommends denial of an on premises liquor license for CDR ACQUISITIONS, LLC for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st 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 34 in favor; 0 opposed; 2 abstaining.

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