December 17, 2013

IN THE MADER OF FUUN HOUSE PRODUCTIONS, LLC D/B/A PRIMO

Primo 85 Saint John Street New Haven, Connecticut Backer: Fuun House Productions LLC Permittee: John E. Kraft Permit No. LCA-6264

Agreement of Operating Requirements by Fuun House Productions, LLC and Department of Consumer Protection Liquor Control Division

The Backer, Fuun House Productions LLC and Permittee, John E. Kraft, hereby agree to the following operating requirements to be put into effect at the reopening of the establishment which trade name has been changed to Primo. For the purpose of this Agreement, it should be noted that the former operation known as liThe Lounge" is now a separate entity known as Hamilton's Lounge and a separate agreement relating to the operating procedures for that establishment will be presented Simultaneously with this Agreement.

1. Primo agrees that the smoking by patrons and employees is strictly prohibited in any and all rooms and that such signs prohibiting smoking will be posted and be clearly visible to patrons and employees.

2. Primo agrees to improve the standards of the dress code, barring do-rags, loose clothing, any clothing with gang insignias, and other clothing considered inappropriate by the management of Primo. Primo agrees to post signs at all entrances stating the dress code policy.

3. Primo agrees to maintain, in conjunction with HamIlton Street Lounge, LLC d/b/a Hamilton Lounge, a digital monitoring system which records activities in the common areas of the licensed premises, including the rear parking areas and the front entrance on Saint John Street. It is understood that the Primo will not obtain videos of all live entertainment being performed by performers. Primo agrees to maintain the recordings of said video monitors for a period of not less than thirty (30) days. Primo agrees to work cooperatively with representatives of the New Haven Police Department to determine the best and most cost effective placement of a video monitoring camera which would allow the best possible view of Hamilton Street. The videos shall be available for review by the New Haven Police for investigative purposes of specific ongoing criminal investigation or incident.

a. The cameras and recorder shall be maintained in operating condition at all times, and will record during all hours that the premise is open for business to the public.

b. Recordings from the DVR will be available to the New Haven Police Department for investigative and eVidentiary purposes of specific investigations upon reasonable request by the Police Department, so long as the requested recording has not been recorded over by the time of the request.

c. Primo agrees to install a camera in the back entrance foyer and will install a second video monitor in the foyer so that the monitor can be seen by any person entering the premises.

4. Primo shall maintain at the entrances and within the premises a sign stating that the video surveillance equipment is in use at all times the permit premises Is open for business. The sign shall be conspicuous and In plain view.

5. At all times the premises Is open for business, Primo, in conjunction with Hamilton Lounge shall be required to hire personnel to act as security and all security personnel hired shall hold a valid Connecticut "Guard" card .. At least one security personnel located at the foyer at all times that Primo is open and operating, allowing for security at both entrances, and there shall additionally be at least one security personnel within the premises of Primo. The number of private security personnel will be determined by Primo management but in no event shall there be less than the minimums as outlined below. Primo agrees to consider advice and recommendations from the New Haven Police Department as to the number of private security personnel. Based on such advice and recommendation, Primo agrees to employ, in conjunction with The Lounge, the following security measures: Between Sunday and Friday at 7:00pm of each week, Primo and the Lounge together will have a minimum of one security person, who shall be placed at the top of the stairs and shall follow the procedures outlined in Paragraph 6 below. From 7:00pm until closing on both Friday and Saturday of each week, The Lounge, in conjunction with Primo shall have a minimum of (5) security persons, stationed as follows: one male at the door located on St. John Street, one male located at the door entering the premises from the back parking lot, one female who shall swing between both doors, two males located in Primo's premises. The security personnel shall follow the procedures set forth in Paragraph 6 below. In addition, Primo and the Lounge agree to hire two (2) New Haven Police Officers who will be stationed In a manner determined by the NHPD. These PolIce Officers shall begin their extra duty shift at 10:00 pm on Friday and Saturday and shall remain until closing. Primo, The Lounge, NHPD and Liquor Control agree that the security requirements outlined in Paragraph 5 shall be reviewed not earlier than 45 days following the first day that Primo is open for business nor later than 60 days following the first day Primo is open for business, All security personnel hired by Primo shall hold a valid Connecticut "Guard" card.

6. Primo agrees that any person entering the premises shall, between the hours of 12 noon and 7pm have their person scanned with a hand held metal detecting wand and may be subject to a physical "pat down" search of their body. Primo further agrees that between the hours of 7pm and closing, any person entering the premises shall have their person both scanned with a hand heid metal detecting wand and be subjected to a physical "pat down" search of their body,

7. All members of the security staff will wear matching bright neon clothing and have the words "security" in large letters, across the back of their shirts. However, should Primo retain an outside security firm to provide security services, those security personnel employed by said outside security firm shall dress in a manner required by their employer. Primo agrees that at no time will any security person not be dressed in the required security clothing and that a no time will any security person be allowed to act in an undercover capacity. Primo also agrees that no security person shall carry any firearm on his or her person while working at the Premises.

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8. All members the securlty staff and rtenders will be trained to identify anyone who consumed excessive alcohol and exhibiting symptoms intoxication. Upon the members of the security staff and bartender's discretion, are to stop serving such persons alcoholic

9. Primo, in conjunction with The Lounge agrees, that all (which term, for purposes this agreement, shall not include any performer) of the permit premises, whether full-time or

part-time will undergo for Intervention Procedures (TIPS), within thirty (30) days of reopening. of said shall be kept in employee file at all times.

10. All employees of the permit premises, whether full-time or hired after reopening of permit premises, who are not TIPS certified shall undergo TIPS, training within thirty (30) days of hire. said training shall be in employee file at all times.

11. Primo, In conjunction with Lounge, shall conduct criminal checks on all employees entertainers who have no dea with security and/or furnishing food

to patrons) assault, robbery, bribery, extortion, criminal usury, arson, burglary, tax acts of forgery, in the alteration of motor vehicle identification numbers, violation of any provision of chapter 420b of Connecticut General Statutes, dependency producing drugs, Illegal sale or prOVISion alcohol to minors, moral turpitude, prostitution, obscenity or other crimes In any jurisdiction within ten (10) years of the date of the filing of the application. Sex~

crimes Include any action which constitutes a violation sections .JJ"-L::I'+• .JL.e'-.L:1U

53a-196b, 53a-87, 53a-70b, the Connecticut General

Statutes, or violations of other substantially the same as these crimes.

12. To ensure that Primo as set forth in paragraph 11 not to the listed criminal convictions, Primo require that each employee an information profile that phone number, of birth, security number, other names that said Is known by, height, weight and eye color. Primo shall also photograph each employee as set forth and said photograph shall depict employee and/or entertainer's face while holding photo identification. The information profile shall be

file at all times and to review pursuant to In with

13. Upon of Primo shall order a criminal background check on employee. check be conducted by a firm in the business of

conducting criminal Primo shall notify Department of Consumer Protection LIquor Control Division and New Haven Police of the name of firm or firms by Primo to conduct said background The employee shall be allowed to be employed at Primo once criminal background check is ordered, however, Primo agrees to immediately stop such employee from working at said club in the event said criminal background check discloses that has convicted of any of the crimes set forth herein. The results of background by firm in

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business of conducting crimil)al backgrounq checks shall he kept In the employee file at all times and s'ubjcct to review pursuant to and In accorda-ncc with Sedion 14 berow. . .. .. .. '

14. Primo agrees that said employee flies shall be available, upon reasonable request, by the

New Haven Polrce Department for review during business hours.

15. Primo shall ensure ali arC;)S of the premises including all means of ingress and egress,

emcr~ency or otherwise, be equipped with lighting fixtures of sufficient intensity to Illuminate

every place to which patrons are permitted to access.

16. Primo agrees to mmply with all fire safety regulatIons that the FIre Marshal determines as bCing the responsibility of Primo and agrees to post the occupancy level for each room of the

Primo.

17. Primo tlgrees that all employees, working at the premises, will reasonably cooperate with local police and fire offiCials regarding any lawful request or demand. Further, Primo agrees that

any unreasonable non-cooperation on the part of any employee will result in that person's

Immediate termination and that person will not be allowed to enter or remain on the permit

premises at any time. In the event that there is a disagreement as to whether there has been "reasonable cooperation" said definition of "reasonableli shall be determined by the

Department of Consumer Protection Liquor Control Division by way of a hearing wherein the Primo and the New Haven Police Department will have an opportunity to present witnesses and all parties will have a right of (;ross examination..

18. Primo agrees to maintain a liability insurance policy for their business operations.

19. Primo agrees to provide Department of Consumer Protection LIquor Control Division a

current sketch of the permitted premises.

20. Primo ilgrees to provide Department of Consumer Protection Liquor Control Division a current lease between Fuun House Productions, LLC and the ownor of the property.

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If.~-/ --;,---nl-b"'---<I:- . ' Fuu .House Productions, LLC By: on Bertini, Member

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