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Public Safety & Quality of Life

15 West 26th Street, CRJ RESTAURANTS LLC D/B/A "MAYSVILLE", APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, Sean Josephs, on behalf of CRJ RESTAURANTS LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet on the ground floor, not all of which will be available for patron use, and additional square footage in the basement with the precise plans and layout to be determined before the applicant applies to the SLA; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 35 tables, 100 seats, and 25 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 175; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant, with hours of operation from 12pm to 1am Sunday through Thursday, and 12pm to 2am Friday and Saturday;

2.      keep the kitchen fully operational until no earlier than an hour before closing time;

3.      agree to close doors and windows to the street by 10pm Sunday through Thursday and 11pm Friday and Saturday

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

5.      not hire outside promoters;

6.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

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

8.      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;

9.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

10.  submit final floorplans and specifications to CB5 as soon as they are ready and no later than the applicant's submission to the SLA;

11.  meet with neighbors and/or with CB5 if requested to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; 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 Sean Josephs ever contemplate a transfer of his 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 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 CRJ RESTAURANTS LLC for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth 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 38 in favor; 0 opposed; 1 abstaining.

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