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Public Safety & Quality of Life

Relaxed Space Corp. d/b/a Gstaad, 37 west 26th street (between Broadway and Sixth Avenue), New York, New York - application for renewal of an on-premises liquor license

WHEREAS, RELAXED SPACE CORP. ("Applicant") has notified Community Board Five of its intention to apply for renewal of an existing on premises liquor license for the bar located at 37 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 2,100 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 60 tables and 20 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, The total capacity of the Premises is 190; and

WHEREAS, The Premises includes 1 patron bar and no service bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.         agree to keep all exterior doors closed after 11pm every night of the week,                especially in the summer, keeping them closed for the remainder of the night, with no exceptions;

b.         instruct management and security personnel 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, (iv) use best efforts to clear the area outside the Premises of all patrons  immediately after closing (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 (v) report any neighborhood complaints immediately to senior staff;

c.         set lower maximum levels for the sound system of the premises and direct speakers to face             away from exterior doors;

d.         require all promoters or DJs to use the house sound system and not their own;

e.         provide a 24-hour hotline to a live manager or owner to immediately address any      complaints from the community, and to agree to meet with neighbors and CB5 if requested;

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

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 RELAXED SPACE CORP. for renewal of an existing on premises liquor license for the bar located at 37 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 34 in favor; 0 opposed; 1 abstaining.

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