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Public Safety & Quality of Life

54 West 39th Street (between Fifth and Sixth Avenues), WIN ENTERTAINMENT SYSTEMS LTD D/B/A "THE BRYANT," APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE

WHEREAS, WIN ENTERTAINMENT SYSTEMS LTD ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for the restaurant and lounge located at 54 West 39th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 4,500 square feet on the ground floor of useable public space, of which approximately 2,250 square feet will be for patron use, a mezzanine of 500 square feet, and an additional 2,250 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, bar and lounge, with a total of approximately 15 tables, 72 seats, and 15 bar stools, with a full electric kitchen; and

WHEREAS, The total capacity of the Premises is currently 74, until such time as the applicant is granted a public assembly, at which point the capacity shall not exceed 150 exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

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

b.      agree that the method of operation remain an upscale, full-service restaurant, bar and lounge with hours of operation Monday through Sunday 5pm until 4am;

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

d.      not hire outside promoters;

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

f.       will send Community Board Five a copy of the Food Service Plans as soon as they become available;

g.       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;

h.      meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public appeared to object to this 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 Joseph Vicari or Wally Abdulla 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, Community Board Five recommends denial of the application by WIN ENTERTAINMENT SYSTEMS LTD for a new on premises liquor license for the restaurant, bar and lounge located at 54 West 39th Street (between Fifth and Sixth Avenues), 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 31 in favor; 0 opposed; 1 abstaining.

 

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