34 West 32nd Street (5/B), K Town 32 Corp. - application for a new on premises liquor license
WHEREAS, Applicant Ok Gil Cho, on behalf of K Town 32 Corp. ("Applicant"), has notified Community Board Five of its intention to file an application for a new liquor license within the premises to be leased to Applicant in the cellar of 34-36 West 32nd Street, New York, New York, (the "Premises"); and
WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space in the Cellar of the Premises; and
WHEREAS, The Premises will be operated as a restaurant, with a total of 11 tables and 50 seats; 1 patron bar with 2 bar stools, for eating Korean cuisine and serving beer and wine; and
WHEREAS, Total capacity is 66, including personnel and staff; and
WHEREAS, Applicant has been the manager of Kunjip, a restaurant in Koreatown for the past six and a half years;
WHEREAS, Applicant has hired an architect, Prestige Consultants, to work with Applicant to insure it is in compliance with applicable code, and
WHEREAS, Applicant shall:
1. provide a "Letter of No Objection" from the New York City Department of Buildings - an application for which was filed on April 4, 2011 - stating that the DOB does not object to the use of the Premises for this operation specifically for the Cellar floor;
2. operate the Premises as a restaurant with food service, with no promoters;
3. discourage customers from loitering outside the Premises at any time;
4. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
5. 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 Ok Gil Cho 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 for a new on premises liquor license within the premises to be leased to Applicant in the Cellar of 34-36 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.