NEWYORK | State Liquor STATEOF gromun | Authority ANDREW Mi, CUOMO VINCENT G. BRADLEY Governor Chairman KEVIN KIM Commissioner APPLICATION DISAPPROVAL 2199906 & 2199907 08/14/2015 HUMBLE FARMS INC 5 WALTON ST ALEXANDRIA BAY, NY 13607 Dear Applicant: ‘The licensing board of the State Liquor Authority has disapproved your application for an On-Premises Retial License. The facts upon which the licensing board has based its determination and the reasons for that determination are stated on the attached decision. Any temporary retail permit issued by the State Liquor Authority is hereby cancelled immediately. Ifyou believe you have good cause to controvert the facts and determination of this disapproval, you may request to have this decision reviewed by the Members of the Authority. You may choose one of the following two options: - Reconsideration. You may submit to the Authority a written request for reconsideration of this « determination to the address below or by email to reconsideration. requesi@sla ny gov. Reconsideration will include not only a review of whether the disapproval is supported by the law and facts, but also whether there are other compelling reasons to vacate the disapproval and re-open the application. - Disapproval Hearing, You may submit to the Authority a written request for a “disapproval hearing". At the disapproval hearing an administrative law judge will consider whether the evidence supports the decision of the licensing board. The judge will then issue a report to the Members of the Authority recommending that either: (1) the disapproval should be upheld; or (2) the disapproval should be vacated and the application should be re-opened. ‘The matter will then be submitted to the Members of the Authority for a final determination, Please note that the disapproval hearing process is limited to deciding ‘whether the licensing board's disapproval is supported by the law and facts before it atthe time ofits decision. Please note, you must submit to the Authority a written request for either option within 30 days of this leer. Your choice of one 1s @ waiver of the other and you will not be permitted to submit requests for both forms of review. Iskalo Elect Tower Buldng, 835 Washunglon St , Gute 209, Bua, NY 14203‘The Authonty will process a refund of the license fee, if any, deposited with the application, This refund will not include the filing fee. Ifyou have not already done so, please provide the Authority with your FEIN number. All communications should be sent to the address as indicated in the letterhead above. By order of: STATE LIQUOR AUTHORITY David L. Edmunds, Jr., Deputy Commissioner ce: Applicant MENKEL Ill, ANTHONY 3 CEDAR ISLAND/ PO BOX 25 CHIPPEWA BAY, NY 13623 Attomey STACY L WEISS ESQ 110 E 59TH ST 23RD FL NEW YORK, NY 10022REASONS FOR DENIAL Serial Number: 219906 DATE: 08/14/2015 HUMBLE FARMS INC 5 WALTON ST ALEXANDRIA BAY, NY 13607 1. Reasons for Disapproval - see attached.REASONS FOR DISAPPROVAL JEFF 2199906 HUMBLE FARMS, INC. Preliminary Statement: On May 12, 2015, an application was filed with the New York State Liquor Authority (the Authority”) by Humble Farms, Inc. (the “Applicant”) for an On-Premises Liquor License at 5 Walton Street in Alexandria Bay, New York (the Premises”). The application identifies Anthony Menkel, II as the sole officer and shareholder of the applicant corporation. Each application for an On-premises license includes a Statement of Area Plan where in the applicant must indicate the name, address and distance from the premises sought to licensed to any school, church or place of worship. The applicant must also indicate the distance in feet from the entrance of the proposes premises to the closest entrance of any school, church or place of worship The Statement of Area Plan submitted with the application indicates that the premises sought to be licensed is “within 200 feet” from the Reformed Church of the Thousand Isles at 54 Church Street in Alexandria Bay, New York. However, the Statement of Area Plan also indicates that the distance between the premises sough to be licensed and the church as “270 feet”. Alcoholic Beverage Control Law § 64 (7) states in pertinent part: “No retail license for on-premises consumption shall be granted for any premises which shall be (a) on the same street or avenue and within two hundred feet of a building occupied exclusively as a school, church, synagogue or other place of worship or Based on the above, the Licensing Bureau submitted a request to the Enforcement Bureau to conduct a measurement. Measurements were taken by the assigned Beverage Control Investigator on June 9, 2015 and August 4, 2015 to determine the distance from the nearest entrance of the premises sought to be licensed to the closest doorway regularly used for ingress into the Reformed Church of the Thousand Isles. The measurements were conducted pursuant to the directions set forth in Alcoholic Beverage Control Law § 64 (7) (c) and (d). The Investigator reviewed the Jefferson County SGD Real Property Records and confirmed the correct address of the premises sought to be licensed as 45 Church Street in Alexandria Bay, New York, and not 5 Walton Street listed by the applicant in the application. In addition, the applicant corporation is registered with the New York State Department at the address of 45 Church Street. The assigned Beverage ControlInvestigator also confirmed that the closest door of the church to the nearest entrance of the premises sought to be licensed is regularly used by congregants of the church, Asa result of this investigation, the Authority has learned that the distance between the doorway regularly used for ingress into the premises sought to be licensed and the closest doorway regularly used for ingress into the Reformed Church of the Thousand Isles is 142.11 feet. The Authority has carefully considered the foregoing facts and circumstances presented and the merits of this application. In this case, the Authority has concluded, for the reasons set forth above, that Authority is prohibited by the provisions of Alcoholic Beverage Control Law § 64 (7) from granting a license for on-premises consumption to the applicant as the premises sought to be licensed is less than 200 feet from the doorway regularly used by a building occupied exclusively asa school, church, synagogue or other place of worship church. For this reason, the application is disapproved. Dated: August 12, 2015