8 West 28th Street, New York, NY, W.J. ENTERPRISE INC., application for a new on-premises liquor license
WHEREAS, Eunjeong Kim, on behalf of W.J. Enterprise Inc. (the "Applicant"), has notified Community Board Five of its intention to file for a new on-premises liquor license for a karaoke bar to be located at 8 West 28th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and
WHEREAS, The Premises consists of approximately 4,600 square feet on the second floor of useable public space, plus space for a small kitchen, offices, and storage; and
WHEREAS, The Premises will include an open bar and restaurant area (capacity of 74) and approximately 10 karaoke rooms; and
WHEREAS, There will be a total 17 tables, 74 chairs and 11 bar stools, and contain one patron bar with maximum capacity (excluding staff) of 100 persons for the Premises; and
WHEREAS, There will be a kitchen serving Asian Fusion food; 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 Eunjeong Kim 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 W.J. Enterprise Inc. for a new on-premises liquor license for a karaoke bar to be located at 8 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.