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Public Safety & Quality of Life

35 East 21st Street (BW/PAS) - NY Strip Steakhouse - application for an original on-premises liquor license

WHEREAS, Simone Mir or an entity to be formed by him ("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 restaurant and bar with 20 tables and 144 seats (including banquette seating) for dining and 18 bar stools; and the other side operated exclusively as a gentlemen's club, with 22 tables and 61 seats (including banquette seating) and 11 bar stools; and

WHEREAS, The principals of Applicant are not the principals of the current operator and Applicant plans to take over the Premises and refurbish it; and

WHEREAS, The new restaurant operation will replace what is now a quasi-restaurant/quasi-nightclub operation, and will have fewer tables and chairs and a lesser capacity than the existing operation; and

WHEREAS, The gentlemen's club will remain as such although it will be refurbished and will have fewer tables and chairs and a lesser capacity than the existing operation; 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.

b)      permit private parties and corporate, but will strictly prohibit promoter-driven events;

c)      employ a dedicated security detail at all times, numbering no less than 5 personnel in and in front of the Premises 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, (iv) quickly clear the street of all patrons immediately after closing. Security personnel shall be at all times be directed and supervised by employees of Applicant;

d)      maintain a waiting area within the Premises so as to prevent lines of patrons from ever forming on the street;

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

f)       use best efforts to discourage customers from loitering outside the Premises at any time, whether for smoking, cell-phone use, or any other purpose;

g)      use a state-of-the-art sound system and sound proofing to prevent sound leakage onto the street;

h)      arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors, and arrange for a special detail to clean the street outside the Premises after closing every night;

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

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

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

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 Simone Mir or an entity to be formed by him 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 37 in favor; 0 opposed; 1 abstaining.

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