NEWS AND ISSUES


March 25, 2010

Dennis Rosen
Chairman
New York State Liquor Authority
80 South Swan Street, Suite 900
Albany, NY 12210-8002

Re: Leba of New York Corporation, 56 3rd Avenue, New York, NY 10003
Serial Number: 1024278

Dear Chairman Rosen:

We are writing in full support of Manhattan Community Board 3fs (CB3) resolution (attached) to deny the alteration application of Leba of New York Corporation, d/b/a Lan Restaurant at 56 3rd Avenue, which is located in our respective districts.

We join CB3 in opposing the application, which seeks substantial changes to the business hours and method of operation. Primarily, we are concerned that the proposed changes, which include greatly extending operating hours, expanding the bar and reconfiguring the seating, would effectively transform this establishment from a restaurant into another late night drinking establishment in an area already saturated with late night restaurants, bars, and clubs. Further, there has been substantial community opposition to this application due to fear that it would contribute to the neighborhoodfs already significant traffic and noise problems.

We are also concerned that this is the second such application submitted for this address in as many months. In December 2009 a transfer and alteration application for this address, which sought the exact same changes to the method of operation as the current application, was soundly rejected by CB3. The application stated that the establishment had been continuously operating since 1993, which would have allowed it to bypass the 500-foot hearing normally required if there are a large number of licensed premises in the very immediate area. In its resolution, however, CB3 stated that git is unclear whether this is a transfer application or a new application given that the previous business has closed, its license is not in safekeeping and it has apparently not yet tendered a completed renewal application to the SLA.h

CB3 noted in its January 2010 resolution to deny the current alteration application that gthis applicant concedes that this alteration application is an effort to conform its layout, facade and seating configuration to the transfer and alteration application of the intended new owner, John C. Slattery and said alterations which have already begun are being overseen by John C. Slattery.h We also understand from constituents that Lan Restaurant has reopened as of February 18th, its operating hours have been extended, and the establishmentfs interior has been completely remodeled with expanded bar facilities. These observations raise troubling questions with regard to the true management of the establishment, current adherence to the existing Method of Operation, and the applicationfs accuracy.

Furthermore, our offices have been in contact with CB3 and representatives of East Village Owners and Renters Association (EVORA), an organization of more than 400 residents in the area of East 9th, 10th, and 11th Streets between 3rd and 4th Avenues that formed in response to the proliferation of nightlife establishments in this neighborhood. We share the concerns of CB3 and EVORA that, given the density of nightlife in the vicinity of 56 3rd Avenue, the addition of another business with late hours of operation would overwhelm an area already overburdened by an excess of traffic and noise problems.

For all these reasons, we join CB3 in urging the SLA to deny Leba of New York Corporationfs alteration application.

Sincerely,


Thomas K. Duane
New York State Senate
29th District

Deborah J. Glick
New York State Assembly
66th District

Rosie Mendez
New York City Council
2nd District

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