31 WEST 21ST STREET AT FIFTH AVENUE, PRANDIAL LLC D/B/A "PRANDIAL", APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSEWHEREAS, MARK STERN, on behalf of PRANDIAL LLC d/b/a "Prandial" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor restaurant located at 31 West 21st Street, New York, New York (the "Premises"); and
WHEREAS, the Premises consists of approximately 2,700 square feet on the ground floor of useable public space, and an additional 1,000 square feet to be used only for kitchen, offices, and storage; and
WHEREAS, the Premises will be operated exclusively as a restaurant, with a total of approximately 30 tables, 105 seats, and 15 bar stools, with a full kitchen; and
WHEREAS, the total capacity of the Premises is 130; and
WHEREAS, the Premises includes 1 patron bar and no service bars;
WHEREAS, Applicant shall:
1. agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Thursday from 12pm to 11pm, Friday and Saturday from 12pm to 12am, and Sunday from 11:30am to 10pm;
2. not apply for a cabaret license or a sidewalk cafe;
3. not hire outside promoters;
4. not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only; 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 Mark Stern 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 PRANDIAL LLC for a new on-premises liquor license for the ground floor restaurant located at 31 West 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 41 in favor; 0 opposed; 1 abstaining.