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State Licenses and Permits

February 2017, Public Safety & Quality of Life Committee

31 West 26 Street, El Vato Wine Corp. Application for a new on-premises liquor license.

WHEREAS, Ladislav Kulisek, on behalf of EL VATO WINE CORP. ("Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for the restaurant (the "Restaurant") which we anticipate opening at 31 West 26th Street (Between Broadway and Sixth Avenues), New York, New York; and

WHEREAS, Although CB5 has specific concerns with the operation at this location, particularly the density, saturation and operating methods of other retail liquor establishments on the block, because the Applicant agreed to reasonable operating hours and low patron occupancy, we find that the incremental impact on the block from this new license is acceptable; and

WHEREAS, The Premises will operate as a restaurant to be approximately 1,900 square feet on the ground floor, with limited basement space to be used only for storage and back office functions; and

WHEREAS, The Restaurant will serve tapas and other upscale fare; and

WHEREAS, Food preparation will occur in a fully-vented kitchen in the back of the Premises; and

WHEREAS, The Restaurant will consist of seating for sixty-seven (67) patrons comprised of nine (9) bar stools and table seating for fifty-eight (58) patrons, including twenty-seven (27) tables each with two (2) chairs and one (1) table with four (4) chairs; and

WHEREAS, The Restaurant will have one (1) patron bar; and

WHEREAS, The Restaurant will have a total capacity of not more than 74 patrons; AND

WHEREAS, Applicant has agreed that Applicant shall:

1. Operate the Restaurant with regular hours of operation daily from 12:00 PM to no later than 12:00AM Sunday through Thursday and no later than 1:00AM Friday and Saturday; and
2. Keep all outside doors and windows closed (windows shall be of a type that cannot be opened); and
3. Limit capacity of the Premises to 74 patrons; and
4. Not incorporate live music, a DJ, standalone speakers, nor any other freestanding amplified sound, and agree to maintain the in-house (installed) sound at ambient / background volume only, with volume controls strictly controlled by management; and
5. Not utilize the sidewalk outside the Premises for any purpose at any time; and
6. Prohibit dancing at the Premises at all times; and
7. Not apply for a cabaret license at any time; and
8. Not apply for a sidewalk café permit; and
9. Not operate the Premises as a nightclub; and
10. Not hire outside promoters; and
11. Not operate or install more than two (2) televisions or video displays at any time; and
12. Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use best efforts to keep the area outside the Premises clear at all times; and
13. Use best efforts to maintain cleanliness of sidewalk in front of Premises; and
14. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Ladislav Kulisek (phone (917) 455-0087) to immediately address any complaints from the community; and
15. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein and

WHEREAS, Should Applicant or its parent entity 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 Ladislav Kulisek 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 EL VATO WINE CORP. for a new on-premises liquor license for the restaurant opening at 31 West 26th Street (Between Broadway and Sixth Avenues), New York, New York; and, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.