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Public Safety & Quality of Life

345 PARK AVENUE SOUTH AT 25TH STREET, JP CONCEPTS, APPLICATION FOR NEW ON PREMISES LIQUOR LICENSE

WHEREAS, Peter Levin, on behalf of JP Concepts ("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 345 Park Avenue South at 25th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 6,874 square feet on the ground floor and basement of useable public space; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 40 tables, 135 seats, and a large bar that seats 261, with a full kitchen; and

WHEREAS, The total capacity of the Premises will be about 350; and

WHEREAS, The Premises includes 1 patron bar and 2 service bars; and

WHEREAS, Applicant shall:

1.                  agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Tuesday from 11am to midnight, Wednesday through Saturday 11am - 2am, and Sunday 10am - midnight;

2.                  not apply for a cabaret license;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the television volume  levels and stereo music conducive to a "sports themed"  eating establishment only;

5.                  install soundproofing so that ambient noise is kept at a minimum;

6.                  private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7.                  at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8.                  not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

9.                  meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; 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 Peter Levin 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

RESOLVED, That Community Board Five recommends denial of the application by JP Concepts for a new liquor license for a restaurant to be located at the premises at 345 Park Avenue South at 25th 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 32 in favor; 0 opposed; 1 abstaining.

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