229 West 28th Street, 28 SG Hospitality Group LLC, dba: Flash Factory. Application for a new cabaret license.
WHEREAS, Michael Satsky, on behalf of SG Hospitality Group LLC ("Applicant"), has notified Community Board Five of its intention to file for a new cabaret license for the nightclub located at 229 East 28th Street, New York, New York (the "Premises"); and
WHEREAS, The Premises consists of approximately 8000 square feet of indoor space on the ground floor and mezzanine; and
WHEREAS, The Premises includes no outdoor space; and
WHEREAS, The Premises is operated as a nightclub and private event space, with a total of 20 tables, 94 seats and 27 bar stools; with operating hours of Thursday through Saturday nights 10:00PM to 4:00AM and occasionally Sunday through Wednesday nights from 10:00PM to 4:00AM; and
WHEREAS, The total capacity of the Premises is 525 as limited by the Public Assembly Permit and valid Certificate of Occupancy; and
WHEREAS, The Premises includes 2 patron bars, no service bar, and no kitchen; and
WHEREAS, The liquor license for the Premises was approved by CB5 in March 2013 subject to certain conditions and restrictions agreed to by Applicant, which conditions and restrictions are hereby amended and restated; and
WHEREAS, In order to obtain a cabaret license, the Applicant must apply for an alteration to the existing method of operation with the State Liquor Authority; and
WHEREAS, Applicant has agreed that Applicant shall:
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 Michael Satsky 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, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; 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, Community Board Five recommends denial of the application by SG Hospitality Group LLC ("Applicant"), has notified Community Board Five of its intention to file for a new cabaret license for the nightclub located at 229 East 28th 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 alteration application.