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Public Safety & Quality of Life

15 WEST 21st STREET BETWEEN FIFTH AND SIXTH AVENUES, TRATTORIA ZERO OTTO NOVE II LLC, APPLICATION FOR NEW ON PREMISES LIQUOR LICENSE

WHEREAS, Roberto Paciullo, on behalf of Trattoria Zero Otto Nove II LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a restaurant to be located at the premises at 15 West 21st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises has a full kitchen, consists of less than 3,000 square feet of patron space with estimated patron usage limited to 160 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, with an approximate total of 35 tables, 128 seats, and 14 bar stools; and

WHEREAS, The Premises will include one patron bar; and

WHEREAS, The principals of Applicant are known and experienced restaurant operators; and

WHEREAS, Applicant shall:

a.                   restrict the hours of operation to the following noon to 11:00 pm Monday through Thursday, noon to 10:00 pm on Sunday, and noon to 1:00 am Friday and Saturday;

b.                  not use external party promoters at any time;

c.                   not seek a cabaret license at any time;

d.                  maintain adequate security in the Premises;

e.                   discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

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

g.                  meet with neighbors and CB5, if requested; 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 Roberto Paciullo ever contemplate a transfer of her 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; and

WHEREAS, Members of the community expressed support for the approval of the application; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Trattoria Zero Otto Nove II LLC for a new liquor license for a restaurant to be located at 15 West 21st Street, 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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