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Public Safety & Quality of Life

12 WEST 21ST STREET (BETWEEN FIFTH AND SIXTH AVENUES), NEW YORK, NEW YORK, SEN NYC LLC D/B/A "SEN" - APPLICATION FOR A NEW ON PREMISES LIQUOR LICENSE IN THE RESTRICTED LICENSING AREA

WHEREAS, SEN NYC LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant located at 12 West 21st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of usable public space for dining on the ground floor; and approximately 3,000 square feet on the basement floor, 200 square feet of which is to be used as a private event space for dining, with the remainder used for full kitchen and back-of-house; and

WHEREAS, The Premises will be operated exclusively as a restaurant and event space, with a total of approximately 36 tables and 130 seats, with a full kitchen; and

WHEREAS, Estimated patron usage is approximately 160 in the ground floor restaurant; and 15 in the basement dining space; with an estimated total capacity of 190, including kitchen personnel and staff; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the application complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

  1. agree to keep the establishment exclusively as a restaurant operation, and restrict the hours of operation to close no later than 12:00AM midnight Sunday through Wednesday nights, and 1:00AM Thursday through Saturday nights, with closing hours understood to mean last seating;
  2. agree that licensed space on Premises to be limited to the public dining area on the ground floor and the private event space on the basement floor only, with all other spaces at Premises not licensed;
  3. prohibit dancing at the Premises at all times;
  4. not apply for a cabaret license at any time;
  5. not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;
  6. agree to keep the stereo ambient music conducive to an eating establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;
  7. discourage customers from loitering outside the Premises at any time;
  8. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;
  9. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;
  10. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
  11. meet with neighbors and CB5, if requested; and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 Toranosuke Matsuoka 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 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 SEN NYC LLC for a new on premises liquor license for a restaurant located at 12 West 21st Street (between Fifth and Sixth Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

 

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