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State Licenses and Permits

204 West 55th Street (between Broadway and Seventh Avenues), Tatiana Brunetti, application for a new on premises liquor license.

WHEREAS, TATIANA BRUNETTI, on behalf of an entity to be formed ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor and cellar restaurant located at 204 West 55th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,200 square feet on the ground floor of useable public space, which includes the kitchen, and an additional 3,600 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant on the ground floor and a karaoke bar in the basement, with a total of approximately 30 tables, 106 seats, and 14 bar stools, with a full kitchen on the ground floor, and 31 tables, 84 seats, and 14 bar stools in the basement; and

WHEREAS, The total capacity of the Premises is 155 persons on the ground floor and 140 persons in the cellar; and

WHEREAS, The Premises includes 3 patron bars and no service bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.       keep the cellar exclusively as a karaoke bar, with hours of operation Sunday through Tuesday from 8pm - 2am, and Wednesday through Saturday from 8pm to 4am.  

b.      to keep the ground floor exclusively as a restaurant, with hours of operation Sunday through Saturday from 8am - 2 am

c.       not apply for a cabaret license or a sidewalk cafe;

d.      not hire outside promoters; private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

e.       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;

f.       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; and

g.       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 Tatiana Brunetti 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 application by TATIANA BRUNETTI, on behalf of an entity to be formed for a new on premises liquor license for the ground floor and cellar restaurant located at 204 West 55th 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 34 in favor; 0 opposed; 1 abstaining.

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