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Public Safety & Quality of Life

15 West 32nd Street (5/BW), Pocha 32 Inc - application for the renewal of an on-premises liquor license

WHEREAS, Applicant Joung Hoon Lee, on behalf of Pocha, Inc. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the second floor of 15 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,700 square feet of indoor space on the 2nd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant, with a total of 13 tables and 52 seats for eating Korean cuisine and serving beer and wine; and

WHEREAS, Estimated total capacity is under 74 on the second floor, including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a.       provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 2nd floor because this building does not have a Certificate of Occupancy since it was built prior to 1938,;

b.      operate the Premises as a restaurant with food service, with no promoters;

c.       discourage customers from loitering outside the Premises at any time;

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

e.       meet with neighbors and CB5 if requested 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 Joung Hoon Lee ever contemplate a transfer of her interest in Applicant so that she 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 renewal application for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the second floor of 15 West 32nd 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 35 in favor; 0 opposed; 2 abstaining.

 

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