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Public Safety & Quality of Life

315 5th Avenue (between East 31st and 32nd Streets), Kihong Kim d/b/a Third Floor Café, application for renewal of a liquor license

WHEREAS, Applicant Kihong Kim, on behalf of Third Floor Cafe. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant and bar, with a total of 24 tables, 43 seats, for eating Korean cuisine and serving liquor, beer and wine; and

WHEREAS, The Premises will include 1 patron bars with 8 bar stools; and

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

WHEREAS, The applicant has retained an architect and has submitted an Alteration Type 1 to the Building Department to properly amend the Certificate of Occupancy and expects Final C of O in June 2011; and

WHEREAS, Applicant provided a "Letter of No Objection" from the New York City Department of Buildings, dated May 14, 2009, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3rd floor because this building has a Certificate of Occupancy, dated June 30, 1975, but states 20 occupants; use "offices, and showrooms, use group 6; and

WHEREAS, APPLICANT agreed to:

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

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

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

4.      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 Kihong Kim 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 liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, 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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