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Public Safety & Quality of Life

6 West 28th Street (between 5th and 6th Avenues), New York, New York, H Sushi LLC d/b/a H Sushi, application for a new wine and beer license.

WHEREAS, JUSTIN HAUSER, on behalf of H SUSHI LLC  ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises license for the restaurant space (d/b/a "H Sushi") located at 6 West 28th Street between Fifth and Sixth Avenues, New York, New York; and

WHEREAS, The Premises consists of 600 square feet of space on the restaurant floor; and

WHEREAS, The Premises will be operated as a restaurant, with up to 3 tables and 18 seats in the dining area; and

WHEREAS, The total maximum capacity of the Premises is less than 30 patrons; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Close the Premises for all purposes no later than 1 AM Sunday through Thursday and not later than 2 AM on Friday and Saturday; and
  2. not apply for a cabaret license; and
  3. not apply for a sidewalk café license; and
  4. 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; and
  5. contain ambient sound within the Premises so as to prevent disturbance to residences in nearby buildings; and
  6. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises; and
  7. meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner (914) 715-3029 during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer in the ownership or management of the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and 

WHEREAS, Should Justin Hauser 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 alteration 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 H SUSHI LLC for a new wine and beer license for the restaurant space (d/b/a "H Sushi") located at 6 West 28th 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.

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