NEW YORK STATE LIQUOR AUTHORITY MEETING OF 11/23/2021 ...

2021- 02919

NEW YORK STATE LIQUOR AUTHORITY FULL BOARD AGENDA

MEETING OF 11/23/2021 REFERRED FROM: COUNSEL'S OFFICE

REASON FOR REFERRAL REQUEST FOR DIRECTION

REQUEST FOR DECLARATORY RULING - 692 3rd AVENUE, NEW YORK, NY 10017

The Members of the Authority at their regular meeting held at the Zone 2 Albany Office on 11/23/2021 determined :

lAW OFFICES OF

BENJAMIN KORNGUT.PLLC

October 26, 2021

Mark Frering, Esq. Assistant General Counsel New York State Liquor Authority

80 South Swan Street Albany, NY 12210

Benjamin Korngut Attorney at Law 225 Broadway • Suite 1405 New York, NY 10007

Re: Request for Declaratory Ruling; Application of 500 Foot Law at 692 3rd Avenue, New York, NY 10017

Dear Mr. Frering:

Tele: 212.566.5021 Fax: 646.224.9455 [email protected]

Our firm represents Paris Cafe LLC, an entity formed for the purpose of operating a restaurant in the ground floor and basement of 692 3rd Avenue in Manhattan (our client being referred to herein as

"App licant" and 692 3rd Avenue, New York, NY 10017 being referred to as the " Premises" ). My Notice of Appearance is enclosed. The Applicant expects to submit an application for a full on-premises liquor license within three weeks of the date of th is correspondence. The Applicant seeks a determination

from the New York State Liquor Authority (the "Authority" ) with respect to the application of the "500 Foot Law" at the Premises.

Various statutes in the Alcoholic Beverage Control Law prohibit the Authority from issuing a

retail license for the sale and/or consumption of liquor (an "on-premises" license) for any premises that is within five hundred feet of three establishments that are currently operating with on-premises

licenses. This licensing restriction is commonly referred to as the "500 Foot Law" . The Alcoholic Beverage Control Law sets forth the procedures to be used in measuring the distance between the

proposed licensed premises.

Notwithstanding the genera l prohibition created by the 500 Foot Law, there are certain statutory exceptions that allow a retail liquor license to be issued even after the 500 Foot Law has been triggered . One of the exceptions exempts from the 500 Foot Law establishments which are within five

hundred feet of three or more exi sting premises, and which have also been licensed continuously since on or before November 1, 1993, premises protected by this exception are commonly sa id to enjoy "grandfathered" status.

The Applicant hereby requests that the Authority determine whether the ground floor and basement of the Premises have been "co ntinuous ly li censed" since on or before November 1, 1993, and further requests the Authority to consider whether the Premises would be "grandfathered" under the circumstances set forth herein and, assuming an otherwise acceptable application, be approved without the Applicant being required to attend the additiona l hearing required in cases where the 500 Foot Law

applies.

As the enclosed records of the Authority demonstrate, the Prem ises have been continuously operated as 692 RESTAURANT CORP Serial Number 1026093 d/b/a "Muldoons Irish Pub" from May

1 See Alcoholic Beverage Control l aw §§64(7)(b), 64-a(7)(a)(ii), 64-b(S(a)( ii ), 64-c(ll)(a)(ii) & 64-d(S)(b) . 2 See Alcohol ic Beverage Contro l l aw §§64(7)(c), 64-a(7)(a)(i ii), 64-b(S)(a)(i ii), 64-c(ll)(a)(i ii), 64 d(8)(c)& 105(3)(a). 3 See Alcoholic Beverage Contro l l aw §64(7)(c). 4 See New York State Declaratory Ru li ng 2012-00817D (M arch 13, 2012 ); New York State Decla ratory Ru li ng 201 2-01220 (April 24, 2012).

of2 1992 until January 19, 2021, when the most recent license for the premises was surrendered. Applicant expects to file its application for an on-premises liquor license within three weeks of the date of this request, approximately ten months after the surrender of the on-premises liquor license held by the prior operator. Since the surrender on January 19, 2021, the space has remained vacant and there has been no intervening use. Attached please find an affidavit from the landlord confirming that there has been no intervening use.

The Authority has, under similar circumstances, concluded that premises initially licensed prior to November 1, 1993, were "continuously licensed" notwithstanding a surrender-period (for purposes of this request, the term "surrender-period" shall mean the period of time between the date of a licenses surrender and the date of the Authority's decision as to the applicability of the 500 Foot Law where there has been no intervening use during such time) . In those cases, the Authority ruled that despite surrender-periods continuing for months, and even up to nearly a year, premises nevertheless qualified as "continuously licensed" for purposes of the 500 Foot Law. For example, in Declaratory Ruling 2012-00817D, the Authority ruled that the subject premises had been "continuously licensed" despite the fact that the previous licensee had surrendered its license approximately six months earlier. Furthermore, in Declaratory Ruling 2012-01220, the Authority similarly ruled that the premises in question had been "continuously licensed" despite an approximately eleven-month surrender-period . Upon information and belief, the Authority has determined that longer surrender periods, even periods of several years, resulted in continuous licensure for purposes of the 500 Foot Law.

The above-referenced determinations are in keeping with the State's stated objective of fostering business development within New York State, New York's "open for business" motto, and the ABCL's stated purpose of "supporting economic growth, job development, and the state's alcoholic beverage production industries." In this case, the Premises have historically and continuously been operated as a tavern serving beer, wine, and liquor and there has been no intervening use of the Premises since the date that the prior operator's license was surrendered . Accordingly, the Applicant respectfully requests the Authority rule that upon the Applicant's timely filing of an application for a full

on-premises liquor license said application shall not be subject to the 500 Foot Law.

Respectfully submitted,

AFFIDAVIT IN SUPPORT OF PARIS Cafe LLC's APPLICATION TOTHE NEW YORK STATE LIQUOR AUTHORITY

RE: 692 3rd AVENUE IN MANHATTAN

STATE OF Ue»JVofL COUNTY OF DwV0 fc

) )ss.: )

I, DA YID MALANGA, being duly sworn, depose and say:

1. I am an authorized agent of 692 THIRD A VENUE LLC, SG THIRD A VENUE LLC, ESTATE OF LILLIAN GOLDMAN, LILLIAN GOLDMAN MARITAL TRUST, ESGD SM LLC C/O THIRD AND FULTON ASSOCIATES, the entities that own the building at the land and improvements located at 692 3rd Avenue in Manhattan (Property).

2. 692 Rest Corp. operated a bar and restaurant on the ground floor and cellar of the Property.

3. The ground floor and cellar of the Property remained vacant from the date 692 Rest Corp. ceased its operations and the ground floor and cellar were continually vacant until the date hereof.

Dated: October J!R, 2021

Notary Public

~EENAMALMOTRA Nota1Y Public, State of New 'lbfk

No. 02MA6392874 Quallfled In Westchester Coun1Y

023 My eommiasion Ei<plres June 3, 2

STATE OF NEW YORK LIQUpR ApTHORITY

, . A,~LICATION FOR , ON-PREMISES LIQUOR LICENSE

fl is not neussa,y to employ ariy pm o11, agency or orgariuaLion t11 as.5i.st you in fi ling thi., appl'icution. Beware of persons claiming w bt able 10 assist you in securing action on your application. TM payment of rrnmey or other thing of value f or th~ we .ui injluc11ce, or promise of influe11ce in obtaini,18 a license i., a viol(ll iQri of law and o.ffenrkrs will b, prosecuted.

This application must be tiled IN DUPLICATE with the LOCAL ALCOHOLIC BEVERAC • CONTROI:. . BOARD of the co11n ty in which the premiec$ to be licensed Me located, cxcc_pl _wher1 the prdiises ore locoted in the ~ity of New York the application $hall be filed with the New York City Alcoholic Bevernge Control Board . The apphcauon mu81 be accompamcd by the fo llowing:

1. CERTIFIED CHEGI(./ BANK OFFICERS' CHECK or DRAFT, or MONEY ORDl::R for the req1.1 ircd fee, payable 111 the order of the State Liquor Authority. 2. REQUIRED BOND, in the penal sum of $1,000.0,0, iosued by any q11ali lied .surety compunyAl)~orized lo execute ,;uch bonds in the State of New York . 3. PERSONAL QUESTION NAIRE, properly fiUed out. IN DUPLICATE. on SLA FORM 180-Qj~ {iflfy'l)I ~ -12). for each person set fort h in Question N11. 19

4 . STATEM ENT OF HNANCES, properly filled out, lN DUPLICATE, on iOR.M 65 nd sigiii,f bJ,. tKV*iiA.Q.ns executing this appliea1io11 . or No. 20, und fo r the spou$e of each pcr,;on ""l fo rth in question 19 or 20 when ~plic~Jf..O i..,;.~)1 i •

5. CERTIFICATE OF SERVICES, properly filler! out, IN DUPLICATE, on SLA FO~¼ 4-<i-14 '('1~8& ~~

t6. PHOTOGRAPHS, IN DUPLICATE, ~I lea.I 5 x 7 inches in size , 1ake1:-in~ more t~P,_x ~jh. pno~ the time the application i~ fil ed, (a) of exterior

f premise~, uncl (b) or interior of premises. (All phologruph~ submitted must ha•~ndorHe~1v.,• tP'ii· ~ir,;e :~ thereof the name a.nd address of the applicant nd the date when the pliotogrnphs were taken.) . ""-, ' Q"Q OJ~. . . 7. APPLICANT IDENTIFICATION f\ECORD , FORM Q-11 and lingerpnn~ . ~ffixed f~r _ench p~rson ~flf'_yQucst1on~ No. 19 and No. 20 herein , tog~the~ th a check (check need not be certified) or money order m11.dc payable lo the D1• ts1on of n mm!!l ) 11$.ce Sc~lQi tlic lllnOunt of ~ for e11eh FORM Q•ll subnutted. 8. Diagram or sketch, IN DUPLICATE , d rnwn to scnle of 1he premises sough1 lo be liccnacd:•,-..

'··· ALL QUESTIONS MUST BE ANSWERED IN BOXES BELOW . Ill more ,pace .u, new,id , aluich rider . I

Any fal.!e amwer or statement m.ade by the applicant con.s1i1u1e , perjury and will Jubject 1111y licl;{se i$$Ued hereunder to r,woca1io11 .

The 11pplicant hereby .11ppliee ror an ON-PREMISES LIQUOR LICENSE lo sell LIQUOR , WINE, CID R and BEE R e1 retail to be consumed on \he premises

Full namt" of applicant. Ill partncnhipt n■mr all par1nc."nt Tradw n .. ,,~ or otht r n.tnn under which ■pplicanl will do luuinr.111

692 REST CORP~

St~ I addrC"H of pr.: mi•n lo be li e-en•~ P ot11 o tficc addrr■- of pn!m~a1;•

692 THIRD AVENUE City, to wn or ,-ill...-1:-lip <.:ode I CouNiW

Cil)' , 10 •n or • illqr-Zip Cud~ I Tekphon, No. NEW YORK, 10017 YORK NONE YET ~twce:rt wh■ t ''""'' or ,,. ,;nu.;• . llf out• idt ,;i t)' lil'Tli14 111.d n ul k11t;tw11 by J ho\l•f ntJrw,b-.-r , •r<d h lo<1 tlon in f'lt'laliun lo nt:•~•t ,nicr'M"('.litta: ro.d or h i1hway. )

' 44TB AND 43RD STREETS Plilamt' of own, , of buildina ifl which the p ~ m i 111 n lo ~ liN n1f'ff • re tO('•lt!'d Add rtt1 or o,-nct or buildina

KI TRIDGE REALTY co INC. 52 VANDERBILT AVE, NY, NY 10017

1. Type of premise& tcheck one) xx .. Restaurant.

b . Sall! of food or beverage Cother lhan res1.aur11nl; includes tavern , cocktail lounge l. c. Legi tim• tit t.hea t@r. d . Other adult entertainment or rec reational facility I specify I.

2. (11 D1MOs applicant occupy &a id prcmi~~ under a written lease? v~. o, no Oat~ort~ .. ~ Dale of c~pintlon

(bt H eo, at.ale name Ind address or the Immediate lessor, the dale of the 2. t•I YES tbl 2/13/9, 2/2?/07 lease .11nd lhe dale of expiration lhereof .

N•mf ■nd 1ddn:1t of th'" lm111Nl i1k t,·nor

lei JI not, 81Jlle nature , extent and duration of a pplica nt 's right to po~ses· AS ABOVE aior. or ~ id premi~ . N IMtt , <\lrn! and d vrollvn of n,hl lo O<'<Upan<y

tdl Do the tent1s of euch lease or other arrangement require payment by t<I the applicant of any consideration based on a percentage of the rece ipts of lhe b;,9ine,ui? \' '"1 o r N9

' P'°rl'rntaa:.- •"d d.-1.4il1

tdl NO Id

tel II &O, state percentage and give de tails .

3. (at Ari! premil!,I!& located within 200 feet of a build ing occupied uclusively a5 a achoo!, church, ~yna ogue o r other place of worship . which i~ Vet or rt~ located on the same streel or avenue? l . t•I NO

(bl If 80, sute since what date said premises ha ve bttn continuously ...

licenl!ed under the Alcoholi c Beverage Control Law for the on•premiM:s 0.k ule of Liquor. \ tb l

4. Are !lJlid premises located in a di~lrict created under any ~oning law, \'<1 or No

which restrict! ihe main1enance of lhe instant busine~, •I the premi!lt• ,. to bt licen11ed ? NO

s. Do said premises comply "! ith all appl icable building, fire 11nd health l .-1 or fli u-

laws. ordinances and regula1ioM? $. YES

I). (al Hae an appropriote board of health permit been issued for said \ r, ut r.u

prcmille8 by the local authorities? .. t•I WILL APPLY UPON COMPLETION. Chi if so , alole number lherwf , date of i" uance , and by whom issued.

(If nolll' i., required, 11/laC'h lc11er ro such effect from approprure local

tbl l fi'rr"1it N1An1br r l>• 1 t • l,,11 ,wd ■ ntl l•, 1oi h 1,n1 i .. ,.~..d

11uihority. I ..

FOR\t 252 (7/88t

7. Isl Is eny dancing, music or entertainment providerl et eny time whatso- Yee or no

ever for guests or customers on tlle premises? 7. lat NO (bl If so, has epplicent obtained e license or permit therefor from the locel

authorities? (If none u required, attach letter to 1uch effect from local Ye. or No

1heriff or chief of police, u the cue may be.) lhl

8. Isl Will eny other business of eny kind be carried on in said premises? Yn or No .. lat HO

(bl II so, give details. Detail ■

lhl

9. !al Is any bar, counter or similar contrivance meinteined in said premises, Yea or No

at which alcoholic beverages will be sold? 9. lat YES

lb) II so, give exact location and length , measured along the · outside Loc:ation Lcn11h ed~e and including return. lht RIGHT FRONT 47 FEET

10. lal Is any license, under the Alcoholic Beverage Control Law, now in Yn or No

effect for the premises for which this application is filed, or for eny to. lat NO pert of the building containing the ume?

Name of lieenltC'C

lb) II so, state lull neme of licensee and license number. lhl

Lic-enae. num~r

II. (al Was an application for any license or permit under the alcoholic Ye■ or No

beverage control laws of this state or country .or of any other state or 11. lat HO country ever previously made by the appli,cani or, (if a partnership) eny of the partners of (if a cor~ratioii) any · officer, director or Name of applicant

stockholder, or by any corporation in which the applicant, eny part· lhl ner or any officer, director or stockholder was an officer, director or stockholder? .4.ddrne of pn:miaee tStreet, City, Town or Villa,ge, State or Countryt

(bl II so, stele name of such applicant, address of premises., date of filing of application and disposition thereof . Give license number ii license or Date filed , Diepoeilion. and LicenH" Num~r. if any

permit wes issued .

(cl Has such license or permit ever been revoked, cancelled, suspended or Yea or No

otherwise involuntarily terminated or has any other penalty been im· let posed in connection therewith at .any time?

Action and date tAdd Rider if more epatt ie nttde-dt (di II so, what action was taken, and dete thereof. ldl

12. (al Has the applicant or (if partnership) any of the partners or ( if a corp· Yee or No

oration) any of the officers, directors, or stockholders, or any agent or 12. lal HO 1:mployee of the applicant , ever been CONVICTED (including pleas of guilty or suspended sentences) of any felony or of any other crime or Crime OT offcnH Date offense of any kind except traffic infractions? lhl

(bl II so, state date of conviction, crime or offeitse involved , and name of Name or person con•ictcd

person convicted. In each case a CERTIFICATE OF DISPOSITION or a CERTIFICATE OF ·CONVICTION by the Court Clerk must be attached.

13. (al Are there any arrests, indictments or summonses ( exce,pt for traffic Ye. or No

infractions) PENDING against the applicant or (if a partnership) any 13. l•I HO of the partners or (if a corporation) any of the officers, directors or stockholders, or any agent or e~ployee of the applicant? Crime or offense o.,.

lhl (bl II so, state date thereof, crime or offense involved and name of each

defendant . Name of drfendant

14. (al Has any person not an applicant herein, or, if a corporate applicant, YH or No

any person not an officer, director or stockholder of such corporation lat YES any interest, financial, proprietary or other, direct or indirect, in the premises or in the business to be licensed , or has made any loan to Nam<e "'\

the applicant for said business or has any lien or mortgage on the lhl ALLIED IRISH BANK fixtures in the business?

Addresa (bl II so, set forth the names and addresses of such persons, the nature 405 PARK AVE, NEW YORK, NEW YORK

of the interest and the date acquired . I Nature of inh:rc1t I ;-;;;ui~

. MORTGAGE LOAN TO MCGAGH 15. la) State wfi'ether any person not an applicant herein, or, if a corporate l 'e• or No

applicantl, any pe,'jjOn not an oHicer. director or stockholder of such IS. lat NO ..::orporation, or an;, person not reported in Question 14 above, shares or will share on a percentage basis or in any way in the receipts, Name

losses or deficiencies of the business, to any extent whatsoever other lhl than by fixed salary .

' • AddreH

(bl II so·. set forth the names and addresses of such persons, the nature I

and per cent of the share end date acquired. J N■ lUn- and P"'r rc-nt o f than- I D■tr arqui ......

·' ....... - - -- --- ·- ·- -· - .

16. lat Has th!' applicant or lif a partnenhipl any or the p11rlnen o::,, Hf 1--{.. Yo 1Jr Nu .

a corporation I an>· of 1he oUicere, directors or s1ockholders any interest, 16. (1\ NO di rectly or incli rectly , in any premi!es or business where 11ny alcoholic I

beverage is manufactured or sold at wholesale or retail. whether by Add,.,. ol prcmlM:1

I' stock ownership , inlerloclcing direclors, mortgage or lien on, or owner- (bl

· "!1hip or any real or ~rsonal properly, or by any other means includ-~ ing loans! Nnu"' of lnlcn:•I I I 011• 1,quln-d

17 . lat h the'ar.0li~t or Iii a ri•rtnershipl any or the partners or Iii a I

t'cs o.- No corpor~1t:'nl ..... ~ of lhe o ficcn, directon or stocl:liolders a pol ice 17. l•I NO \ commissi'oner or other police ofliciol, or subordinate of any police de• rnment, or a sheriH, deputy or under sheriff or any olher peace officer? N,,..., ind TIiie 1 lbl f so, at.ate ,name ancl title of such person . (bl

\ 18. la! Hu the applicant or lif a partnership) ony of the partners or Iii a 'l'u or No l

corporationi any of the oflicers, directors or 8lockholdera e11er been 11. (11 NO known by any other name or names?

for-rner n1me lbl II so. state such former name or names and the reason for changing 11

the same. ~

. R e11<>n for ch•~

19. (TO BE FILLED IN ONLY BY INDIVIDUAL OR PARTNERSHIP APPLICANTS• Nomt of Applicant Ill por1n<n"lp, nomt c1ch paMncrl Rc1ld<nt.c Cl1iacn1hJp IN1mt of Country! .qc

Be ,urc to fill i11 and $ign cerrification 011 lie.tr page.

20. (TO BE FILLED IN ONLY BY CORPORATION APPLICANTS!

Sui te under what law appl icant woo organized : I D11te or orgoniiotion : BUSINESS CORPORATION LAW 2/92

lbl U ■ pplican! is a foreign corporation, has a certificate or au1horily betn obtained 10 do busineu in th is Stott?

Yee or NQ Dne of Cer1ific■ te

(cl State principal ploce of busineu: Addreas

NEW YORK 692 THIRD AVENUE

(d I S111te authori:r.ed amount or ca pit.al stock of applicant: I Amount or common stock Number of shares Amourn of prehrred Hock Number of share&

NO PAR VALUE 200 NONE N.A.

(cl The 11J1me, end addre6,e~ or tht owner, of stock a~ of the datr or filing of thi3 11pplicotion, ore 03 follows : (JJ thue are more rhan 10 ,roclcholderi, ~et /onh thou holding JO % or more. Add ,chedute if more ,pace i.t llttded.J

re ...... ,"' S1ockholdu Clliknthlp IN1mr of co.nlryl ho

Common

THOMAS V. MC GAGB IRELAND 50 ORI. ISSUE

ORI. ISsun

UI The names and residences of all OFFICERS of said corparat ,on as or 1he date or filing of 1his 11pplicttion n e 11, follow,:

Namr' uf OUic,., A,i•

THOMAS V. MC GAGB IRELAND 49 ... PATRICK COSTRLLO 36 ..

~

lg l T he names and residencu ol all DIRECTORS of said corporation 11, of the da1e of filin g·or thia application are as follows : • ,...., l . . .... , ,

"'Vi m ,. ol Uirrf"lur \ T'I ,..~, .. ~ THOMAS V. MC GAGH , BX,NY 10467 IRELAND 49

PATRICR COSTELLO OODSIDE, NY 11377 IRELAND

41'1'I.IC:4NT \ 1Nl>t'.KST4NI~ TH4T 4N\ l '.H4NU: IN 4N\' m · THt: t · 41:ni Kt'. I'( IKTt:11 Ht:Ht'. IN .\Nil IN 41.1. C rrHt'. H 1'41't'. RS t"ll .t:11 IN Sl!l'l'ORT Ot' THIS Al'l ' I.IC:4 TICIN '&'Hlt:11 on:t•Hs 11 ►'.T'& n :N THt: s11;N1N1; llt' THt: 41'1'1 .IC:4TICIN 4NII nu: ISSl 14Nn: Cit' TIit: 1.1n:Nst: Mt lST Bt: Rt:l'CIRTt:11 TU l'Ht: 4lrTHOHIT\ IN II, KITIN(; II\ n :11ntn:11 OH Rt:1;1sn :Ht:11 M4II. '& (THIN &I Hl)IIHS. AN\ CHAN(;t: or ►' .\( '.~ c11:c :11HHIN(; HTt:H l'Ht: ISSt lANn: m · THt: l.lc:t:Nst: Ml/ST Kt: HH•ottn:o 'l'ITHIN 10 UA \S. THt: F41l.l 1Ht: TO 1:IIMl'I.\ '& tTH TH►: t'IIHU,OINC; IS 4 1;R01!NII ►'OH THt: Rt:\ '01 '. Al'IIIN. C:ANl :t :l.l .4TIIIN IIR Sl lSl' t '.NSION m· THt: un:rost:.

THt: Arl'I .IC:ANT HF:Rt:B\' ACHt:t:s THAT Al.I . l'Al't:Hs Fll .t:11 Ii" StlPl'(lllT Cit' THIS Al'rl .11 '. ATICIN Al'OI) ,\N\ Al'PLIC:4TION t'll.t:11 llNOt:H THt: .\Ll:OHOl.11: Bt:vt:R.41, t : CIINTIUII. LA'II' 8\ AN\ rt:RSON H4\'IN(; ANY INTt:Rt~~T. lllllt'. C:T IIH INIIIH>:c:T. t:ITHt:R IN TH ►: BI ISINt:ss TO Bt: I.H:t:Nst:11. •·1111 ,\N\' LIC:t:Ns t : OR Pt:HMIT. SH41~: DU:Mt:D ANO MAOt: A P4RT Ht:Rt:OF ANO C'.CINSlot:Ht:O 8\ THt: STA,Tt'. I .IIJI IOR 4llTHIIRIT\ IN 41:TINC. lll'()N THIS APl'LIC:4TION. 1...J

THE FOLLOWING CERTIFICATION MUST BE SIGNED AND DATED BY INDIVIDUAL APPLICANT AND EACH 0:: -· MEMBER OF PARTNERSHIP -

The undeniigned, each for himself, certifies that he is the applicant above named; thal he knows 1he conlents of the above applicalion and 1he stalelJ..ls ... contained therein and the same are true ol his own knowledge. ~F

. 2 " Datrd l.LJ

;5 ISip1tu~ of applicant or ol uch pattnut !Hom~ PhoMI c1

THIS CERTIFICATION TO BE SIGNED AND DATED BY A CORPORATION ....... . THOMAS . VINCEN'r. . .MC . . G-1\.G.!:I. .......... . . , certifies tha1 he is . .. :l>~F;~_l;I,>~~ ... . .......................... . . .. . 't'I'iile\

of the above named applicant corporation; that he knows the contents ol the above application and 1he stalementa and answers therein; thal the same are true of his own knowledge; 1ha1 he has been authorii.ed, by order of the Board of Direclors of said applicant corporation to make the statements and answers in this applica tion in behalf of sai~ appzicant C rporation with the same force and effec t BS if said corporation made such statementa and answers itself.

d / ( • ,,L-~ Dal«! 2/27/92

~J' ~ 3136 DE TOR AVE, BRONX, NY 10 67• 212-515-9802 1S.,,-,atun: of authorit.td off1oerl ~tt,df'ncrl ,jomr Jfhon~I

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-PREMISES LIQUOR RIAL#: 1026093

'--UNTY: NEW YORK

EFFECTIVE DATE: 04/17/20191 ' EXPIRATION DATE: 4/30/2021 CERTIFICATE#: 905127

I■

&\Y!W~IKUJB1 R{Jflfillmll.~ THE LICENSEE . DESIGNATED BELOW IS HEREBY GAANTE~ PERMISSION, UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW TO TRAFFIC

IN ALCQl;iOLIC 1?EVERAGE PURSUANT TO THE TYPE OF LICENSE INDICATED IN THE UPPER LEFT HANO CORNEA OF THIS CERTIFICATE ANO ACCORDING TO ,THE STATUTES ANO REGULATIONS PERTAINING THERETO.

'--THIS LICENSE SHALL NOT BE TRANSFERABLE TO ANY OTHER PERSON OR TO ANY OTHER PREMISES OR TO ANY OTHER

PART OF THE BUILDING CONTAINING SUCH LICENSED PREMISES: IT SHALL NOT BE DEEMED A PROPERTY OR VESTED RIGHT ANO MAY BE REVOKED AT ANY TIME PURSUANT T O LAW

METHOD OF OPERATION TAVERN SERVING BEER WINE CIDER AND LIQUOR

692 RESTAURANT CORP MULDOON$ IRISH PUB 692 3RD AVENUE

' NEW YORK NY 1 0017

---·FILING FEE $90.00 $4,352.00 LICENS~ F,EE (

-U<-<KG~/-Vincent G. Bradley

Chairman

BEFORE COMMENCING OR DOING ANY BUSINESS FOR THE TIME FOR WHICH THIS LICENSE HAS BEEN ISSUED, THE SAID LICENSE SHALL BE ENCLOSED IN A SUITABLE WOOD OR METAL FRAME, HAVING A CLEAR GLASS SPACE ANO A SUBSTANTIAL WOOD OR METAL BACK SO THAT THE WHOLE OF SAID LICENSE MAY BE SEEN THEREIN, ANO SHALL BE POSTED UP AND AT ALL TIMES DISPLAYED IN A CONSPICUOUS PLACE IN THE ROOM WHERE SUCH BUSINESS IS CARRIED ON. SO THAT ALL PERSONS VISITING SUCH PLACE MAY READILY SEE THE SAME.

FOLD AND TEAR HERE

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STATE OF N£W YORK- LIQUOR AUTHORflY A TIN: Refimd Unit

m »IU\ s~.m ~ Suite «JOO Albany. NY 12110-1«>02

If the li«-nsec ~ 1.0 9.lm:MCf" a I.KlCl19Pe « permit ~·oouurilJ; for cmodbboa -1 wmd. if .lit)' , before the apv-aooa date, a:s prm.;&d iu Section 127 of the Alcoholic Beverage Control Law. fill in and ~gll !ht foiming petition aod smd IO the State Lliptr Autbbrity addn:ss !isled abMc •• together 11ith the licmse or permit certificate. Any false statements may subject the liccmtt or pmnim:c ID disciplinary p,ocadir,p and ,'Oid any ffllUCSl for m"und. NOTE: No nfnd is payablr ■as dli5 r.. is c.apktal a.ad tk Fmtnl Eapiayff Waltific:atiDa i'\■INff (fllc\) eftk littflal mtity us bm1 prevnd.

PITmON FOR SURRENDER OF LICENSE TO THE STA TE LIQUOR AUTHORITY: The undersigna(] in1fo.idual(J partnershipll mrporation ~OIECK ONE) petition-. the Liq~uthority. under pro,·isions of Section 127 of the Alcoholic Beverage Control law. lo accept voluntaJy sum:nderofliccnse (pcnnit) o::rtificatcnumber 4 '1'td)1:$ which was issued to 692 RESTAURANT CORP and in support of this petition makes the foU~ingstatc:ments and answers:

(Name ofliccnsee) YES or NO

I.

2.

Has the licmscc or ( ifa par1DCl'5hip) :my of me pumcrs or ( ifa corponlim) my of the officxn. directors or srockholderr. hero arresicd or indicted or sen-al •'ilh a summons for :my crime« off<a&: (acq:,t tnffic in fractious oc l'iobtims of the Admio~tn c Code) in the past 12 ~)

Has any pasoo Olhct' than n:porkd in Question I al>olT bttn arro1al or indictat oc scm:d "iJh a SUIJ1IJllll1!i for any crime or offcnl-C commincrl on the \jt-cn..'<;CO JJ7am= n,-...,hid, 'mvolvol lb! lictmal bm.i:ncs~ \c-1a:p1 -.rohcim!. nf'lhe Admmil.1:ra11,·e Code I in the past 12 months"?

□ □

EJ EJ

(lfillli'A'Cl'loci\her I oc 2 300'\-C "-yei;~, .auchm ,aff',cm,it ~i!n;g. fooh in eaclia'lot: me dale dm=C.crimt ocoffeMC imoh·ed. the name ofthedefmdanl and

disr,osition of the=>

3. The undcnigncd pctitioncr further '.Saa!Ci 1h11 the slid littns« ,.;IL upon the 5llllClldcr of said Iii.-=. = to traff',c in alcoholic bn-crat,:S during the term for which said licmse ,.-as is.sued and tbcreaflef' until .1 oe,o· UC"m51e siuli be issUiro ID said OCCllSIOC.

WllEREFORE !he uudersignerl petitioner ash Iha! i.aid licm!,,e be ca111Xllcd and a refund made ~ pro,ided in Scaion 127 of the Alcoholic Be, c:ragc: Control Law.

lodhictul ud/or Partarnlups ~ Ntl Smiem (Al

(A) lndi,idual Ii= and c:ich memh:t ofa ~~ ~ign ~ :md-.i? appropriate ccrtificaiion bck,Q-_

Dated _______ ___________ _

C• ,-lldiaat c.wpkk botlt Stttioes (B)

(B) If~ C~. f.i~ ~ :mt! ~gn appropmte o:rtific.ation below.

Dak:d 011/tt /2021

Name of C orpontion:

692Jl[ST~T~

(A) CERTIFICATION TO BE SIGSED k~D DATED BY INDI' lDL\L ASD EACH ~DIRER OF PAR~ERSHI P

The widcrsigncd ~-ach fOf' h.imsclf~lf cm ilks that ho she i5 the hoMln' of the afon."SOO lian:sc:'; lh:Jt he sh: rD3dc the fOf'Cgl)i~ pctilioo: rba1 bo•sbc knows the contents thereof and the statements coolainro therein. and tbc s.amc aK true oflm,,ba <:Mn kno,.·~

Dated _ _ _____________ _ RECEIVED

NY STATE LIQUOR AUUlORJTY (Signature) of persontsl s.i~ pi!Uhool .~ n:sidenC>! address!

---·-------· __ J_AN~l --9 -20++-21 _____ __________ , _ _ __ of ___ _________ __ __._N.1.1[1,;,-ifl\'-1\""'0t-HRHI(,._,,...,

LICENSJNG ' NY ,of - - - --··"·· .. · BUREAU

(B) CERT1TIC A TIO~ TO BE SIG~ED -"'"D DATED BY A CORN>RA 110N

Thomas Downey ___ c.."llili~ lbat ho!;she is Director ____ ·---·---- ----

or the 692 RE~U RANT CORP Coqic.ntiaa w!ud. i.5- ho.ldet of th~ lice= ~:tch m;we and e.1.eculi!d this pd.itl'on; that he/she signed his·her name themo by Ofder' ciihc ~ of Dim.:t~ of~ C «)l>OGlioo: 1ha1 he-sh: mD11<$ 1he contmts 1ha=f .and the sta!Cme1115 contained therein: and the same arc true of his ·bero"n knoll!~.

Date of Surrender

·,

92 3rd Avenue. New York, NY 10017 -~ Please specif}' lb.-~~ *Th.'TC lhc ref.m:l if <ffi}". ii: 'la 17-:: ,M>\."'<'.l : >.,------------------- +--------

License Serial No.

- ----SLA Form 225-()0j( (Ol ·2K.'20l I J

/

... .... ---

PETITION FOR SURRENDER OF LICENSE ~· rv ;. ,·:-•· .,.::._.,:,.t l 1)1,.1;, ... . ,;,, , ,·: · ,,._, ... ·,; •t:,~· .~· ll-;; , 1t -: ,,· ,., . . , ,. .. .._:,r,,,::· )·~ .,: . ·, .,,: , ·;.•,· ••·-~ , :-.. :, : .. : .,-. .... :·, · ro Tt-11• ,; ;,lTE t!GVet-, ,1l/t/':)!-i."i'r'

·; : 1;., ,:n it" .~-~:,:i:--: 1,1:l:!:,,!?t: ' 1.11' h• 11 -,: •'•··>'I• ,: 1::, .- 1:d ::, , :,- :, ,, :r1 1•£: 1-•1 !h: : •.,o.•, ,p ·!1: .. ,• 1h, ~:i,,i 1;.:,;,r,-... •·.r ,. 1 ::.i!b. ,•1 , 1"-.. ·•, :r:• ! ,,•·. 1·!. ".~-~-.. !:Jr.:-·.! ! , ,.-, :~~ ·,•." • •," ,. \' ;\•, ,~; •:; Ji;J , , , :, j !tJ1,. !(• .d b •! ~11! \I: , 1 [;.•,•; !i,';l" :!'.•; ,J . \ (; !r; 1,, ;:t·•::1 I;••:!:;! [,< t ; 1•,, 11~•

The u:-idr; rsigned each •or him8elf ce;!: fies that he ;s ,he holder oi tt1u ;;foresaid licenf.n . l~at l1e rn,1 -:1,, the forcgoir,;; ;:iet1t1on. that r:rknows thu contents theren1 and thfJ stat0111,rnis cont,11r.e'1 ti 1crein: and th;; <,:-1me arc lrup r.1f his ov-.n 11.no·.vk"1ge

Datr:u:

··- ---------·--·------ ··- ···-----•------·-·-·----·--------- ·-

Dnte(J :

. ------------·· ---- ·--· . -------- - -------- .. --·---·

Q Origina l OFFICE USE ONLY

Q Amended Date

STATE OF NEW YORK NOTICE OF APPEARANCE

Section 166 of the Executive Law requires a regulatory agency to maintain for public inspection, a record of who appears before it, for a fee as a third party (i.e ., an attorney, an agent, lobbyist*, or representative) on behalf of a

person or organization subject to the regulatory jurisdiction of the agency. This usually occurs when the third party' s client is involved in an enforcement, formal permit, or application matter. This form is subject to all the rules and regulations of the Freedom of Information Law. Information that is confidential as a matter of law need not be

furnished.

Agency: New York State Liquor Authority Date: I 10/26/2021

Division/Bureau: ..... 1 L_e_g_a_l _ _ _ ________________ ___ __ __,

1. Name of individual appearing: 1 ..... B_e_n_j_a_m_in_ K_o_r_n_g_u_t ____ _ _______ __,

Address: 1225 Broadway, Suite 1405, New York, NY 10007

Telephone: I (212) 566-5021

Email: I [email protected]

2. Client represented: ..... 1 P_a_r_is_C_ af_e_L_L_c ___________________ __,

Address: 1692 3rd Avenue, New York, NY 10017

Telephone: N/A

3. Subject of appearance: Ii] Regulatory/Enforcement □ Lobbying

4. Acting in capacity of:

Ii] Attorney □ Lobbyist □ Agent

□ Other (describe)

5. Are you being compensated? Ii] Yes

If YES, Check FEE or SALARY Ii] FEE

6. Signature of individual appearing:

7. Agency official (print name):

Signature:

□ No

0 SALARY

*A LOBBYIST is a person or organization , other than a New York State government employee acting in an official capacity, who appears for the purpose of influencing the adoption or rejection of proposed rules, regulations, rates, legislation, including the State budget or the specification or award of a State Procurement Contract. An "appearance" for lobbying purposes can be a personal visit, letter, telephone call, conversation at a meeting, or

any other type of contact, but does not include "on the record" proceedings or hearings.

rev 09/30/2013 Page 1

-136


MEETING OF 11/23/2021 REFERRED FROM: COUNSEL'S OFFICE

2021-02849 (OVER) 2021-03038

PUBLIC HEARING ON PROPOSED REGULATIONS FOR ELECTRONIC PLEADINGS



Item held over to the 11/23/2021 Full Board meeting for additional public comment.

The Members of the Authority at their regular meeting held at the Zone 2 Albany Office on 11/23/2021 determined:

2021- 03038F


MEETING OF 11/23/2021 REFERRED FROM : COUNEL'S OFFICE


PROPOSED ADVISORY REGARDING TERMINATION OF ATTORNEY SELFCERTIFICATION PROGRAM


ANDREW M. CUOMO Governor

4 WYORK JEOF ORTUNITY

State Liquor Authority

ADVISORY #2021 -x

To: All licensees

VINCENT G. BRADLEY Chairman

LILY M. FAN Commissioner

GREELEY FORD Commissioner

Subject: Discontinuance of the Self-Certification by Attorneys Program

Background

In the summer of 2009, the SLA's Full Board, following the recommendation of the Deputy Commissioner of Licensing, instituted the "Self-Certification by Attorneys" program (the "Program"), as reflected in agenda sheet 2009-03543C. The Program was establ ished to address an application backlog that existed at that time.

The Program's concept was that the backlog could be reduced if the SLA Licensing bureau could be relieved from portions of their time-intensive review of applications. The SLA would allow the applicants' attorneys to certify, under oath, that the application was complete, that certain of its documents contain accurate information , and that the application is in compliance with identified legal requirements . In return for saving the SLA this review time, selfcertified applications would be put on a faster track for review.

The SLA developed a specific list of questions for attorneys to answer, and they would certify under oath to the accuracy of those answers. For example , attorneys would certify that all required application documents had been submitted, all notice requirements had been complied with , all permits had been obtained, diagrams and photos are accurate based on a site visit , no schools or houses of worship are within 200 feet of the premises, etc. With that cert ification , made under penalty of perjury, the SLA would be able to approve the appl ication without reviewing substantial portions of it at all , relying on the certification as a substitute for its own review. The SLA would catch self-certification mistakes in post-approval audits and then remove the offending lawyers from the Program, or even prosecute them for perjury.

This is a DRAFT onlyThis has not been approved by

the Members of the Authority

Advisory #2021-x Presenting Facts to The Full Board On Licensing And Disciplinary Matters Page 2 of 5

The Program was initially instituted for six months, but it was subsequently extended for a few six-month periods. In May of 2010, Chairman Rosen reported that the Program had helped to elim inate the backlog of applications. At that time, Chairman Rosen acknowledged that one criticism of the Program was that it created a two-tier system to fast-track applications only from those who were represented by lawyers. But he subsequently reported that the Program was being extended to keep the backlog from growing again . The Program has been in place ever since.

In the Fall of 2019, the SLA invited industry attorneys and representative to a meeting to discuss, among other things, then-current issues that Licensing was having with the processing of applications. The meeting was well-attended : over 50 attorneys and representatives , including the ones who most regularly represent applicants at the SLA, were present and many actively participated. At that meeting, Chairman Bradley raised the subject of the selfcertification Program specifically . He noted his concern that self-certified applications contain too many errors to be relied upon. He stated that while the SLA would not be ending the program , they had to get better. A few months later, the Covid-19 pandemic hit New York.

Our 2021 Review of the Program

At the September 29, 2021 Full Board meeting, Adam Roberts, Deputy Commissioner of Licensing, requested that the Members undertake a review of the Program to determine whether it should continue, be modified, or be discontinued. The Members invited the industry to make submissions by October 27, 2021 (within four weeks) and scheduled the issue to be considered at the November 10, 2021 Full Board meeting.

The SLA received multiple written submissions from industry attorneys. The Members also received memoranda from SLA staff on the Program: a memo from (i) General Counsel Gary Meyerhoff transmitting documents on the Program 's history and addressing the Members' legal authority for instituting the Program without formal rulemaking ; (ii) Amy Male, Licensing Administrator, describing the Program's operation over time and reporting the results of a recently conducted review of self-certified applications, and (iii) Adam Roberts, Deputy Commissioner of Licensing , recommending that the Program be discontinued for various reasons. These memoranda were posted on the SLA's website and emailed to the persons who had delivered written submissions, all in advance of the November 10, 2021 meeting.

At the November 10, 2021 Full Board meeting, the Members opened the floor to anyone to speak on behalf of, or against, the Program. Several attorneys, and a group of 5-6 licensees, appeared and spoke in favor of retaining the program. One attorney and one non-attorney representative opposed the Program.

The Program Will Be Discontinued as of February 8, 2022

Based upon its review of the record and after the lengthy discussion at the meeting, the Members voted unanimously to discontinue the Program. With self-certified appl ications already in process, the Members decided to "sunset" the discontinuance for 90 days: selfcertified applications will be accept until February 8, 2022. The Members' reasons for ending the Program are as follows:



Advisory #2021-x Presenting Facts to The Full Board On Licensing And Disciplinary Matters Page 3 of 5

(1) Fairness to the industry as a whole/level playing field. The Program creates a two-tier system for the review of applications. It rewards only those who pay significant extralegal fees to attorneys, allowing them to "jump the line" the other applicants are waiting in for an approval. Applicants without the financial ability to pay for self-certification are thus treated inequitably.

This issue with the Program was noted at its outset. The SLA Full Board at that time apparently determined that the benefits - saving the SLA time to avoid backlogs - outweighed this inequity. But as discussed below, the Program's anticipated benefits no longer exist.

No one advocating for the Program came close to addressing this fairness concern . One failed attempt from an advocate was to argue that it is the "American way" to pay more to have the benefit of an experienced attorney's expertise. That missed the point about fairness . Self-certified applications are not expedited because they take less time to review; they are advanced on a faster track regardless of how long it actually takes for their review. The SLA, a governmental agency, has instituted a procedure that gives a benefit only to the few who can afford to pay for this swifter justice. This is on its face arguably discriminatory . No one advocating for the Program has addressed its inherent unfairness.

Indeed, that inequity was further revealed by the few licensees who appeared and argued in favor of the Program. Each of them indicated that they hold multiple licenses and thus having financial success in the industry. It is hardly surprising that the group that has the financial wherewithal to "jump the line" would be against seeing the Program end. The SLA's obligation , however, is to address the fairness to the entire industry. Given how many of the laws the SLA is obliged to enforce are focused on the even-handed treatment of all industry members, equity amongst all applicants has to be a factor, and an important one, in the Member's evaluation of the Program, and no credible argument in favor of keeping the Program was presented on its fairness to the industry as a whole.

(2) Since the SLA's statutory duty of review cannot be transferred to selfcertifying attorneys, the SLA does not get any time-savings from the Program. Licensing bureau leadership has advised us that the real reason for instituting the Program - to reduce overall review times for the SLA to deal with application backlogs - is not accomplished through the Program . Over the years , the Licensing bureau has gradually recognized that attorneys make too many errors to be relied upon as a substitute for a Licensing bureau review. The SLA has ended up reviewing the self-certified applications anyway. The result of bad self-certified applications is that Licensing does not actually get any time-savings from the Program.

The study of 2021 applications Amy Male conducted supports this conclusion , and also supports what Chairman Bradley noted from his anecdotal understanding of the quality of selfcertified applications back in 2019. In a randomly selected two-month period in 2021 , roughly 66% of the self-certified applications the SLA received had deficiencies. A higher percentage of non-certified applications were found to have deficiencies, but as Ms. Male noted, self-certified applications are still not reviewed as exhaustively as non-certified applications. If they were, Ms. Male makes the expertised prediction that they would be found to contain as many mistakes and errors as non-certified applications .



Advisory #2021 -x Presenting Facts to The Full Board On Licensing And Disciplinary Matters Page 4 of 5

We accept Licensing's conclusion that the SLA, in dispatching its statutory duty to review applications , cannot rely on self-certifications as the Program anticipated. Accord ingly, the time savings to Licensing from having a Program simply does not exist.

(3) Fixing the Program is not an option. Some have suggested that increasing the post-review auditing of self-certified applications to identify those attorneys who should not be in the Program would allow the SLA to fix the Program instead of ending it . Licensing leadership advises that it does not believe that this is possible. We credit their conclusion that deficiencies in self-certified applications are usually caused by lack of care, not by a lack of experience as an attorney. With even the most experienced attorneys routinely making errors, even if the worst offenders could be weeded out, it would be unlikely that the SLA could ever have sufficient confidence that it could meet the statutory obligation to review applications by relying on an attorney 's review of that application. Moreover, even if adequate audit parameters could be determined, the low percentage of self-certified applications the SLA receives would not warrant the devotion of additional resources to conduct the audits . SLA Licensing personnel should be spared of auditing a few already approved applications so their time can be devoted to reviewing new applications.1

(4) A large percentage of applicants pay for expediting they do not receive. One advocate for the Program argued that the time savings to any applicant is a benefit that should be credited in favor of the Program. If one only considers the self-certified applications that happen to not contain errors, that may be true. But th is argument fails to account for those applicants who are induced to pay extra to attorneys for self-certification only to learn that their application was delayed for deficiencies. The statistics from the study reflect that two-thirds of the applicants who actually pay attorneys extra legal fees for self-certification, expecting to have their liquor license in advance of current backlogs, end up not getting what they paid for. No one in favor of the Program addressed the unfairness to that group of applicants , a larger group than the ones who get their applications through without deficiencies.

In reality , the Program appears to help a very small percentage of applicants . It is the lawyers zealously advocating for the Program that all benefit from it, most of them by charging appl icants extra for expedition they cannot actually deliver.

(5) We find no merit to then contention that the Full Board is without authority to have a self-certification program. The issue was raised, during our review, as to whether the Members had the legal authority to have initiated the Program, or now can continue it, without

1 One attorney requested, at the November 10, 2021 Full Board meeting , that the Members hold this matter open while he has the opportunity to present the parameters for a better selfcertification program. We are not opposed to receiving and reviewing any such proposal , but we are more than skeptical about promises to present a program that fixes the identified problems with the Program . That attorney, and the entire industry, was given six weeks to make written or oral comments on whether to continue, discontinue, or modify the existing Program. Not a single novel idea was presented, even by the attorney now suggesting "he alone" can fix the program , despite his making multiple written submissions and speaking at length at the meeting .



Advisory #2021 -x Presenting Facts to The Full Board On Licensing And Disciplinary Matters Page 5 of 5

going through the formal rulemaking procedures of the State Administrative Procedure Act ("SAPA"). Given our decision to end the Program, that issue has become moot. However, based on the submissions we have received, we have no reason to believe that the Program does not fall within the "internal management" exception and/or the "interpretation" exception to the requirement that agency procedures become "rules" under SAPA.

In summary, while the Members do not dispute that application backlogs are a problem for the industry, the Program is not the way to address that problem. Attorney self-certifications have proved to be incapable of being a substitute for the review process the SLA ordinarily conducts to dispatch its statutory duty to review applications. As a result , there is no timesavings to the SLA, or other benefit to the overwhelming majority of applicants for liquor licenses, to warrant the continuation of a two-tier system that allows applicants to pay to jump in front of others waiting for their applications to be approved.

This matter was heard and determined by the Members of the Authority at a Full Board meeting held on ___ , 2021 before Chairman Vincent Bradley, Commissioner Lily Fan, and Commissioner Greeley Ford . The above written advisory was approved by Chairman Bradley on behalf of the Members of the Authority on ___ , 2021 .

Dated:

Thomas J. Donohue Secretary to the Authority



NEW YORK STATE LIQUOR AUTHORITY MEETING OF 11/23/2021 ...

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