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State Licenses and Permits

April 2016, Public Safety & Quality of Life Committee

37 West 20th Street, Boxers NYC LLC, dba: Boxers NYC, Application for an on-premises liquor license renewal.

WHEREAS, Boxers NYC LLC ("Applicant"), has notified Community Board Five of its request to renew its on-premises liquor license for the bar located at 37 West 20^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, Applicant appeared before Community Board Five in December 2009 and, subject to certain conditions and stipulations, was approved for an on premises liquor license for the Premises; and

WHEREAS, Applicant appeared before Community Board Five in April 2011 for an alteration of its method of operation, which alteration was approved subject to certain conditions and stipulations; and

WHEREAS, The Premises consists of 2,762 square feet of space on the ground floor, and the basement used only for storage, bathrooms, and offices, with an occupancy of ninety (90) persons, with five (5) tables, twenty (20) chairs, twenty four (24) bar stools, and fourteen (14) counter stools; and

WHEREAS, Although there is no kitchen on the Premises, there is a brick pizza oven on the Premises and the Applicant serves pizzas; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, The operation at the Premises has increasingly become the source of disturbance to the community and there have been routine violations of the conditions and stipulations previously agreed to by Applicant with respect to the operation of the Premises; and

WHEREAS, Applicant is subject to a series of stipulations and other conditions (the "Stipulations") with respect to the operation of the Premises by the Applicant and its management team as set forth and described by the resolution (the "Resolution") approved by Community Board 5 dated April 14th 2011  (see Exhibit A attached hereto); and

WHEREAS, The Stipulations shall continue in force and be binding upon Applicant, and Applicant and its management team will continue to operate the Premises substantially in accordance with the Stipulations imposed by CB5 as part of its original application and its revisions and amendments to date upon the license renewal; and

WHEREAS, The modifications and additional conditions specifically described in this affidavit (the "New Stipulations") shall become part of the previous Stipulations and modify them as necessary; and

WHEREAS, Applicant has agreed that it shall abide by the following New Stipulations:

1. Applicant agrees to the following changes in its hours of operations per its approved Method of Operation – that effective immediately no additional patrons shall be admitted to the Premises after 2 AM Thursday, Friday and Saturday, and that the Premises shall close for business and that all Patrons shall leave the Premises no later than 3 AM Thursday, Friday and Saturday;
2. Applicant will, effective immediately, take responsibility so as to install a limiter or equivalent technology on the Premises sound system and so configure it, and establish by adequate testing, so as to ensure that at no time shall the sound level at the establishment related to the operation of the sound system during operating hours be greater than that of background level music as permitted per the current Method of  Operations currently in place for the Premises;
3. Applicant will, effective immediately, establish improved methods of communication with the Community as called for in the original Stipulations so as to engender cooperation in dealing with any issues related to sound and crowd management by making available to the Community and posting on their premises in a prominent location as well as on their web site and social media platforms the phone numbers and e-mail addresses of no less than two of its Senior Managers, or others present on the Premises during working hours, for real-time response in a reasonable time frame, with the current Managers named for that purpose as follows – Steve Wright ( 646-286-1064; steve@boxersnyc.com) and Justin Simmons (314-525-6736 Justin@boxernyc.com);
4. Applicant agrees to allocate security and crowd control staffing to work outside the premises entrance of no less than 1 person specifically assigned to that task, and an appropriate additional number, depending upon circumstances, so as to manage, mitigate and help prevent problems of queuing, line management, noise and rowdiness during its hours of operation; and

WHEREAS, Except as modified hereby, the original conditions and stipulations agreed to by Applicant in connection with the original liquor license shall remain in effect; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 request by Boxers NYC LLC to renew its on-premises liquor license for the bar located at 37 West 20^th Street (between Fifth and Sixth Avenues) unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.