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State Licenses and Permits

676 Sixth Avenue (aka 59 West 21st St), - CITRINE LOUNGE LLC, D/B/A STUDIO XXI, application for the renewal of an on-premises liquor license in the restricted licensing area

WHEREAS, David Chen, on behalf of Citrine Lounge LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for renewal of an on premises liquor license for the Second Floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue a/k/a 59 West 21st Street, between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2,200 square feet on the second floor of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 15 tables, 15 booths and 8 barstools; and

WHEREAS. The total capacity of the Premises is 120; and

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

WHEREAS, The hours of operation of the Premises are 6:00 PM to 1:00 AM Monday and Tuesday, 6:00 PM to 2:00 AM Wednesday and Thursday, and 10:00 AM to 4:00 AM Friday and Saturday; and

WHEREAS, The Premises is located within CB5's Restricted licensing Area and this application fails to meet the requirements thereof; and

WHEREAS, Applicant, Applicant's staff and representation failed to respond to multiple attempts to seek information, failed to submit required materials to Community Board Five in a timely manner, and exhibited disregard for the statutory obligations of the process of obtaining a license renewal; and

WHEREAS, In July 2009, the then operator of the Premises notified Community Board Five if its intention to apply for a new on-premises liquor license but when CB5 requested information from the then operator, the operator incorrectly informed CB5 that its application had been withdrawn; and

WHEREAS, A liquor license for the Premises was issued in July 2009 without the then operator responding to requests for information by Community Board Five; and

WHEREAS, The current Applicant assumed the existing liquor license in an equity purchase of Citrine Lounge LLC in April 2010, without notifying Community Board Five as required by the ABC Law; and

WHEREAS, In June 2010, the New York City Department of Buildings issued violations against the Applicant for hazardous construction conditions, with repeated failure to resolve these conditions, resulting in a $6,000 fine; and

WHEREAS, There are presently nine open DOB violations and 10 open Environmental Control Board violations at the Premises; and

WHEREAS, Applicant attested to the fact that dancing occurs at times on the Premises, in violation of the Cabaret law, and that staff does not take action to curtail dancing on the Premises; and

WHEREAS, Members of the community report an adverse impact on the community by the density of licensed establishments on this block, with multiple complaints from residents about Studio XXI in the six months since Applicant began operations at the Premises; and

WHEREAS, Due to non-compliance/failure to notify Community Board Five at the time of Applicant's assuming the license at the Premises, the number of outstanding violations at the Premises, suspicion of violation of the Cabaret Law, and extreme lack of cooperation and communication, we find Mr. Chen and Citrine Lounge LLC are  not an operator not worthy of the privilege of holding a license to serve liquor in the State of New York; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Citrine Lounge LLC for renewal of an on premises liquor license for the second floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue, New York, New York; and be it further

RESOLVED, That Community Board Five requests that the New York State Liquor Authority investigate the failures by applicant and its predecessors to notify and provide information to Community Board Five regarding their applications to obtain and then transfer liquor licenses, in violation of the ABC Law.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.


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