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State Licenses and Permits

June 2017, Public Safety & Quality of Life Committee

3 West 36 Street, 325 Fifth NYC Inc. Application for a new on-premises liquor license

WHEREAS, Kyung Rim Choi, on behalf of 325 Fifth NYC INC, the owner, applicant and operator ("Applicant" or "Operator") of a Korean-style diner restaurant (the "Restaurant") which we anticipate opening at 3 West 36th Street, New York, NY 10018 (the "Premises"), and which is applying for a new On-Premises Liquor License for the Restaurant; and

WHEREAS, The Premises will operate as a restaurant to be approximately 3,600 square feet on the ground floor and 600 square feet on the second floor mezzanine, with limited basement space to be used only for storage and back office functions; and

WHEREAS, The Restaurant will serve Korean-Style diner 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 one hundred forty (140) patrons comprised of ten (10) bar stools and table seating for one hundred thirty (130) patrons, including thirty-five (35) tables, to wit, 25 tables with 4 chairs and fifteen tables with 2 chairs; and

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

WHEREAS, Applicant has agreed that Applicant shall:

1. Operate the Restaurant with regular hours of operation daily from 11:00 AM to no later than 1:00AM Sunday through Wednesday and no later than 2:00AM Thursday through Saturday; and
2. Keep all outside doors and windows closed (windows shall be of a type that cannot be opened); and
3. Not incorporate live music, a DJ, standalone speakers, nor any other freestanding amplified sound, and agree to maintain the in-house (installed) sound at a volume conducive to restaurant patrons having conversations, with volume controls strictly controlled by management; and
4. Not utilize the sidewalk outside the Premises for any purpose at any time; and
5. Prohibit dancing at the Premises at all times; and
6. Not apply for a cabaret license at any time; and
7. Not apply for a sidewalk café permit; and
8. Not operate the Premises as a nightclub; and
9. Not hire outside promoters; and
10. Not serve a "bottomless brunch"; and
11. Not offer bottle service; and
12. Not operate or install more than two (2) televisions or video displays at any time; and
13. 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
14. Use best efforts to maintain cleanliness of sidewalk in front of Premises; and
15. Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to Moul Kim (phone (646) 420-1581, representing the Operator, to immediately address any complaints from the community; and
16. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

WHEREAS, Should Kyung Rim Choi ever contemplate a transfer of my 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 325 Fifth NYC INC for a new on-premises liquor license at 325 Fifth Avenue a/k/a 3 West 36th Street, New York, NY 10018; unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.