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Public Safety & Quality of Life

28 W 32nd Street, 1st Floor SH 28 Inc dba Haru Hann - application for an original liquor license

WHEREAS, SH 28 Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32nd Street (between Fifth Avenue and Broadway), New York, New York  (the "Premises"); and

WHEREAS, The Premises is 1,249 square feet of space on the ground floor, with 16 tables  and 62 seats, with a proposed occupancy of 62 persons; and

WHEREAS, The Premises has been operated by applicant as a restaurant for approximately a year; and

WHEREAS, The principal of Applicant is an experienced and respected operator of another restaurant in the neighborhood; and

WHEREAS, Although the current use of the Premises is as a restaurant with occupancy for 62 persons and the Certificate of Occupancy for the Premises permits use of the Premises as a retail store with occupancy for 10 persons, Applicant has filed an Alteration Type 2 application with the New York City Department of Buildings to permit occupancy by 62 persons and to permit the use of the Premises as currently used, but such Alteration Type 2 Application does not require amendment of the Certification of Occupancy; and

WHEREAS, Applicant has agreed to file an Alteration Type 1 application with the New York City Department of Buildings to amend the Certificate of Occupancy to permit 62 persons and to permit the valid use of the Premises as currently used; and

WHEREAS, The Premises is on the ground floor of the building and has 2 means of emergency egress and we find no safety concerns about patrons exiting the Premises in case of emergency; therefore be

RESOLVED, That the State Liquor Authority shall be put on notice that the current method of operation for the Premises as a restaurant with occupancy for 62 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by SH 28 Inc. for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32nd Street (between Fifth Avenue and Broadway), New York, New York, unless an Alteration Type 1 application is filed with the New York City Department of Buildings to amend the Certificate of Occupancy for the Premises to permit 62 persons and to permit the valid use of the Premises as proposed.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

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