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January 9.

2018

Vincent Bradley
Chair
New York State Liquor Authority
80 S. Swan Street. 9th Floor
Albany. NY 12210

Dear Chair Bradley:

We write to oppose the application for a ftiil oil-premises liquor license for “Dos Cientos” at 200
Allen Street on the Lower East Side. Manhattan Community Board 3 outlined its opposition and
concerns in a May 27, 2017 resolution. In a letter dated September 22, 2017 to the State Liquor
Authority (SLA). Assemblymember Yuh-Line Niou along with Manhattan Borough President Gale
Brewer and Councilmember Margaret Chin voiced support for the Community Board’s stance and
reiterated concerns related to granting the applicant a full on-premises liquor license. Community
leaders, local residents, and business owners have also joined the Board in opposing this application.
We strongly support Community Board 3 and our constituents’ resolve that this application should be
denied.

As detailed in the Community Board resolution, the applicants have a long history as bad actors in
the communities where they operate. Community Board 3 has voiced their concern about Victor
Jung. who the Board believes will have a lead role in the operations of this venue and who, in 2008,
was convicted of a felony associated with his business operations, as outline in the May 2017
resolution. In addition, the resolution recalls that in 2014 the SLA found the applicants in violation
for “improper conduct” and use of an “unauthorized trade name” in relation to another LLC known
as 133 Essex Restaurant. In 2015, Manhattan Community Board 2 strongly called for the renewal of
the applicants’ full on-premises liquor license to be denied for operating outside the Board’s
stipulations.

Additionally, according to the SLA. the applicant’s attorney mentioned to the Authority the existence
of a petition of 450 signatures; however, it was not attached to the documentation submitted to the
Authority. The Community Board also notes that contrary to any support for the application
purportedly demonstrated by the petition. numerous residents and local organizations have produced
complaints against these applicants’ business dealings, the manner in which they operate other
licensed establishments, and the disruption to quality of life in the neighborhood.

When a Community Board speaks with a unanimous voice, we believe its concerns should be
carefully considered. Wejoin Community Board 3. community leaders, local residents, and business
owners in urging you to reject this application.
Thank you for your consideration.

Sincerely.


Brian Kavanagh Nydia Velazquez Yuh-Iine Niou
New York State Senator Member of Congress Assemblymember

Gale Brewer Margaret Chin


Manhattan Borough President Councilmember

Attachments:
I) September 22, 2017 Letter to the SLA
2) May 2017 Community Board 3 Resolution
September 22, 2017

Vincent Bradley, Chairman


New York State Liquor Authority
80 S. Swan Street, 9th Floor
Albany, NY 12210

Re: 200 Allen Restaurant LLC, Dos Cientos, located at 200 Allen Street, New York, NY 10002.

Dear Chairman Bradley,

We write regarding the application by 200 Allen LLC for an on-premise liquor license to be
located at 200 Allen Street.

Manhattan Community Board 3 unanimously passed a resolution in May2017 in opposition to


this application. Concerns have also been raised by the local community in regards to this
application. In its resolution, the community board articulated concerns related to the proposed
establishment’s operations and the impact it would have on the surrounding neighborhood.

We support the community board’s stance given the circumstances of its application. It is critical
that you take into account the position of the local community board when reviewing this
application for a liquor license.

Thank you for your attention to this matter. Please do not hesitate to contact us if you wish to
discuss this matter further.

Sincerely,

Yuh-Line Niou Gale Brewer Margaret Chin


Assemblymember Manhattan Borough President Councilmember
THE CITY OF NEW YORK
MANHATTAN COMMUNITY BOARD 3
59 East 4th SIreel New York, NV 10003
-

Phone (212) 533-5300


www.cb3manhaltan.org info©cb3manhattan.org
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Jamie Rogers, Board Chair Susan Stetzer, District Manager

May 31, 2017

Ms. Kern J. CBrien


Chief Executive Officer
New York State liquor Authority
80 South Swan Street, Suite 900
Albany. New York 122T0-8002

Re: 200 Allen Restaurant LLC


d/b/n Dos Cientos
200 AlIen Street, New York, NY 10002

Dear Ms. O’Brien:

At its May 2017 monthly meeting. Community Board 3 passed the following motion:

VOTE: Community Board 3 Recommendation To Deny

WHEREAS, 200 Allen Restaurant LLC. with a proposed business name orDos Cientos, is
seeking a full on-premises liquor license for the premises located at 200 Allen StreeL between
East Houston Street and Stanton Street; and

WHEREAS, this location is also known as 175-177 East Houston Street; and

WHEREAS, this is an application to operate a Mexican restaurant with a certificate of


occupancy of one hundred ninety-nine (199) people with sixty-eight (68) people on the ground
floor and one hundred thirty-three (133) people in the basement, fourteen (14) tables and
thirty-eight (38) seats on the ground floor and twenty-seven (27) tables and one hundred
twenty-one (121)seats in the basement, hours of operation of 9;oO A.M.to 12:00 kM.
Sundays through Wednesdays and 9:00 kM. to 2:00 A.M. Thursdays through Saturdays. a
twenty (20) foot bar with ten (10) stcwls on the ground floor and a twenty-live (25) fool bar
with nine (9) stools in the basement, windows, two (2) televisions, background level recorded
music, Dis ten (10) times per month, one hundred (100) private parties per year. two (2)
security guards Thursdays through Saturdays. happy hours to 8:00 PM. and anticipated wait
lines: and

WHEREAS, although this location had a business with a liquor license once before, it
has
been vacant for several years; and

WHEREAS, the previous licensee was heard for a full on-premises liquor
license by
Community Board 3 in April of 2011 and was denied unless it agreed to make as
conditions of
its license stipulations that it would I) operate a fill—service American restaurant
in the
basement and a coffee shop, bakery and restaurant on the ground floor, with a kitchen open and
serving food during all hours ofoperation on both floors, 2) have hours of operation of 12:00
AM. to 12:00A.M. all days on the ground floor and 11:00A.M. to 2:00 AM. all days in the
basement, 3) triple soundprooCwindows facing a shared courtyard in the basement and install
soundproof curtains along the windows or other equally effective soundproofing measures
after an evaluation by a sound engineer, 4) not commercially operate the courtyard, and 5) play
recorded background music and not have Dis, live music, promoted events or events at which
a cover fee is charged; and

WhEREAS, this location is within five hundred feet of forty-three (43) full on premises liquor
licenses; and

WHEREAS, there was no public benefit stated by the appilcant for the approval of this full
on-premises liquor license; and

WHEREAS, Michael Shah, the principal in the instant application, and Victor Jung. his
proposed manager, are operators of 133 Essex Restaurant LLC. doing business as Sons of
Essex Street, located at 133 Essex Street, between Stanton Street and Rivington Street, which
was heard for a full on-premises liquor license by Community Board 3 in May of 2011 and
was denied unless it agreed to make as conditions of its license stipulations that it would 1)
operate a full-service American restaurant, with a kitchen open and serving food to within one
(I) hour of closing, 2) have hours of operation of 10:00 A.M. to 2:00 AM. Sundays through
Wednesdays and 10:00 A.M. to 4:00 AM. Thursdays through Saturdays, 3) close any façade
doors and windows at 10:00 P.M. every night. 4) play recorded background music and not
have Dis more than fifty (50) times per year and not have live music, promoted events or
events at which a cover fee is charged, and 5) use an identification scanner and security guards
for special events; and

WHEREAS, residents hnve complained that this business is being operated inconsistent from
its stipulations in that it is operated as a club with reduced daytime hours and expanded
nighttime hours. loud music, loud noise from crowds on the sidewalk, regular Dis and
promoted events; and

%VJIEREAS, 133 Essex Restaurant LLC ha’ had a violation history before the SLA. consisting
oft conditional no contest plea on November 14, 2014, for improper conduct and unauthorieed
trade name on May 16, 2014 and improper conduct on May 19,20 4; and

WHEREAS, Michael Shah and Victor Jung are respondents in a pending lawsuit flied by
Matthew Levine. the other principal of 133 Essex Restaurant LLC for, among other
allegations. stealing money from the business, commingling Us funds, forgery and fraud; and

WHEREAS, Michael Shah and Victor Jung, are also operators u119 Stanton Restaurant L1.C.
doing business as 205 Club and Leave Rochelle Out DilL located at 19 Stanton Street a/k/a
205 Chrystic Street. at the corner of Stanton Street and Chrystie Street, which was heard for a
full on-premises liquor license by Community Board 3 in May of 2012, and was denied unless
it agreed to make as conditions of its license stipulations that it would I) operate a ftill-service
restaurant and lounge, serving thod during all hours of operation, 2) have hours oloperation of
12:00 P.M. to 4:00 A.M. all days. 3) play ambient background music, consisting of recorded
music, upstairs only and may have DJs in the basemcnL level but will not have live mUSIC,
promoted events, scheduled performances or any event at which a cover fee will be charged. 4)
close any façade doors and windows at 10:00 P.M. every day, 5) install additional
soundprooflng to minimize noise emanating from the location, 6) it will employ two (2)to thur
(1) security or door people daily but will have no less that one (I) security person per every
seventy-five (75) people. and 7) create a tmftic plan to address traffic congestion outside of its
premise; and

WHEREAS, residents have complained that this business is being operated inconsistent from
its stipulations, in that it has loud uncontrollable crowds on (he sidewalk; and

WHEREAS, Victor Jung. who is also the landlord ot 9 Stanton Street, was cited as onc oFthe
top thirty-one (3l)worst landlords of 2011 because of the one hundred shty-flve (165)
violations against that building in 2011; and

WHEREAS, Victor Jung. who has also represented that he will be operating the proposed
business and employed by Michael Shah was convicted in 2008 by federal indictment of three
(3) counts of wire li-aud and one (1) count of conspiracy for crimes associated with his business
dealings: and

WHEREAS, Michael Shah has also been sued by the City of New York for tax evasion
associated with his business dealings with a nonprofit organization and properties in Staten
Island: and

WHEREAS, Michael Shah and Victor Jung also operated The Raven. located at 53-59
Gansevoort Street, New York. New York. which was approved a full on-premises liquor
liccnsc for a Mexican restaurant by Community Board #2 on September 20, 2012, and denied
its renewal by Community Board #2 on April 23, 2015. because it was operating contrary to its
stipu1ations, in that it was not operating as a bunaJhk restaurant and was operating as a club
lotinge; and

WHEREAS, a resident ofan adjacent business on East Houston Street submitted a letter in
opposition to this application, stating that there was no public beneflt in the addition ofa
Mexican restaurant with DJs, wait lines, three (3) private parties per week and security in an
area with forty-three (43) full on- premises liquor licenses within live hundred (500) feel; and

WHEREAS, a resident ofan adjacent building un East Houston Street and owner oft
neighboring business appeared. stating that his apartment is adjacent to the courtyard shared
with this location and he is opposed to the approval oft full on-premises liqttorlicense for this
location heca:tse any noise from activity in the basement of this location is amplified through
the courtyard and into his apartment; and

WHEREAS, ihe LES Dwellers, a local residents organization. submitted a statement and
appeared in opposition to this application. citing the long adverse historv of the existing
business operated by the applicant at 133 Essex Street. the relevant legal and criminal history
of the principal Michael Shah and Victor Jung, his manager, the forty-three (43) full on-
premises liquor licenses within five hendred (500) feet of this location, the lack ofpublic
benefit in the addition ofa Mexican restaurant with Dis, security and wait lines, the rising
crime rates in the immediate area, (he horrific noise and traffic con2estion in this area, as well
as the growing need for retail diversity in this neighborhood: and

WHEREAS, consistent with its violation history and resident complaints, YELP patrons for
Cpstein’s cited its “boozy” brunches. unlimited drink specials, free drinks and pub crawls: and

WHEREAS, although the applicant stated that it was furnishing substantial evidence of
support from the surrounding community for its business, in that it furnished seven hundred
(700) petition signatures. only fitly-seven (57) appeared tn be from residents of the immediate
area; and

WHEREAS, the legal history’ of the individuals involved in this application, (heir history
operating their edsting businesses, the scope of the proposed application, the lack of public
benefit in the addition of another nightlitè venue to this area and its proximity to forty-three
(43) hill on-premises liquor licenses render this application for a fUll on-premises liquor
license inappropriate for (his location: now

THEREFORE, BE IT RESOLVED that, Community Board 3 moves to deny the application


for a full on-premises liquor license for 200 Allen Restaurant LLC. with a proposed business
name of Dos Cientos, forthe premises located at200 Allen Street a/k/a 175-177 East HoLlson
Street. at the corner of East Houston Street and Stanton Street; and

If you have any questions, please contact the community board office.

Sincerely,

Jamie Rogers, Chair Alexandra Militant,, Chair


Community Board 3 SLA & DCA Licensing Committee

Cc; Joseph Levey, Applicant’s Representative