3.03 3.3
Liquor Authority\Waiver of 30 Day Notification—Cup o Joes—change in Class—12-5-16
RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION
REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY
IN CONNECTION WITH CUP O'JOES, LLC D/B/A
QUEENSBURY CIGAR& PIPE
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Cup O'Joes, LLC d/b/a Queensbury Cigar & Pipe (Applicant) located at 1036
State Route 9, Queensbury, New York, has applied to the New York State Liquor Authority for a
Change in Class Application from a tavern wine license to a full service liquor, beer, wine license as set
forth in its November 23, 2016 letter to the Town Clerk presented at this meeting, and
WHEREAS, Applicant has requested that the Town of Queensbury waive the 30-day
notification required by the New York State Liquor Authority (NYS) in an effort to expedite its
Application, and
WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the
Town Board has waived the 30 day notification period before Applicant's permit to change its
class is issued,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to notify the New York State Liquor Authority that the Town waives the 30 day notification period
before the Change in Class Application/Permit is issued to Cup O'Joes, LLC d/b/a Queensbury
Cigar & Pipe and that the Town Board has no objection to such change in class, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or
Town Clerk to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 5ffi day of December, 2016 by the following vote:
AYES
NOES
ABSENT:
1 _ ;� B O R G O Si &
i DEL SIGORE , P. C.
ATTORNEYS AT LAW
■ MICHAEL S. BORGOS, ESQ. 82 Glenwood Avenue,P.O.Box 4392
• MARK S. DEL SIGNORE, ESQ. Queensbury,New York 12804
ph:518-793-4900 fax:518-793-4902
email:mborgos@bordellaw.com
November 23, 2016 //��
/e�N/ fns' 4, ��\
VIA CERTIFIED MAIL,RRR(7015 1520 0003 5536 4465) Gi
(l i\
Caroline Barber
Queensbury Town Clerk " �tK' :pFF';
742 Bay Street .' ' ",••:'
Queensbury,NY 12804 \
RE: Cup 0' Joes,LLC—d/b/a Queensbury Cigar&Pipe
Change in Class Application
1036 State Route 9, Queensbury,NY 12804
Dear Ms.Barber:
We represent the above applicant in connection with their filing of a Change in Class Application. Please
note they currently hold a Tavern Wine license(TW/344)and are applying for a full service liquor,beer,
wine(OP 252) license.
We are requesting a waiver from the town regarding the mandatory 30 day requirement for filing.
Enclosed please find the standardized 30 day notice required by the NYS Liquor Authority.
Please feel free to contact me with any questions. Thank you.
Sincerely yours,
BORGOS &DELSIGNORE,P.C.
B '
Y:
Lisa M. Bushman,Paralegal
/lmb
Enc.
Cc: client
rev 1/22/16 OFFICE USE ONLY
Q Original Q Amended Date 49
NTATEEWYORK State Liquor Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a
SOF
OPPORTUNITY. Authority-
H dill LLY Local Municipality or Community Board
(Page 1 of 2)
1. Date Notice Was Sent: Nov 23,2016 1 a.Delivered by: Certified Mail Return Receipt Requested
2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License
❑ New Application ❑ Renewal ❑ Alteration Corporate Change ❑ Removal 0 Class Change
For New applicants,answer each question below using all information known to date.
For Renewal applicants,set forth your approved Method of Operation only.
For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s).
For Corporate Change applicants,attach a list of the current and proposed corporate principals.
For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation.
For Class Change applicants,attach a statement detailing your current license type and your proposed license type.
This 30-Day Advance Notice is Being Provided to the Clerk of the following Local Municipality or Community Board
3. Name of Municipality or Community Board:Town of Queensbury
Applicant/Licensee Information
4. License Serial Number,if Applicable: 2201814 Expiration Date,if Applicable:
5. Applicant or Licensee Name: CUP 0'JOES,LLC
6. Trade Name(if any): QUEENSBURY CIGAR&PIPE
7. Street Address of Establishment: 1036 STATE ROUTE 9
8. City,Town or Village: QUEENSBURY ,NY Zip Code:12804
9. Business Telephone Number of Applicant/Licensee: 518-636-3308
10. Business Fax Number of Applicant/Licensee: 518-533-7789
11. Business E-mail of Applicant/Licensee: KATHY@CUPOJOES.COM
12. Type(s)of Alcohol sold or to be sold: D Beer&Cider Wine,Beer&Cider 0 Liquor,Wine,Beer&Cider
13. Extent of Food Service: ❑ Full food menu; 0 Menu meets legal minimum food availability requirements;
Full Kitchen run by a chef or cook Food prep area at minimum
14. Type of Establishment: TAVERN STYLE EATERY AND PIPE SHOP
15. Method of Operation: ❑ Seasonal Establishment ❑ Juke Box ❑ Disc Jockey ❑X Recorded Music ❑ Karaoke
(Check all that apply) El Live Music(Give details:i.e.rock bands,acoustic,jazz,etc.):
O Patron Dancing ❑ Employee Dancing 0 Exotic Dancing ❑Topless Entertainment
❑ Video/Arcade Games ❑ Third Party Promoters LI Security Personnel
❑ Other(specify):
16. Licensed Outdoor Area: ❑ None 0Patio or Deck LI Rooftop ❑ Garden/Grounds Freestanding Covered Structure
(Check all that apply) 0 Sidewalk Cafe ❑ Other(specify):
rev 1/22/16 OFFICE USE ONLY
0 Original Q Amended Date
t
jSTAT£EWYOFORK State Liquor Standardized NOTICE FORM for Providing 30-Day Advanced Notice to a
r'"' . Authority Local Municipality or Community Board
(Page 2 of 2)
17. List the floor(s)of the building that the establishment is located on: FIRST FLOOR
18. List the room number(s)the establishment is located in within the N/A
building,if appropriate:
19. Is the premises located within 500 feet of three or more on-premises liquor establishments? QYes QNo
20. Will the license holder or a manager be physically present within the establishment during all hours of operation? ®Yes 0 No
21. If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee.
22. Does the applicant or licensee own the building in which the establishment is located? Q Yes(If Yes SKIP 23-26) ®No
Owner of the Building in Which the Licensed Establishment is Located
23. Building Owner's Full Name: CUMBERLAND MINE,LLC
24. Building Owner's Street Address: 303 GURNEY LANE
25. City,Town or Village:QUEENSBURY State: NY Zip Code:12804
26. Business Telephone Number of Building Owner: 518-636-3308
Representative or Attorney representing the Applicant in Connection with the
application for a license to traffic in alcohol at the establishment identified in this notice
27. Representative/Attorney's Full Name: MARK S.DELSIGNORE
28. Street Address: 82 GLENWOOD AVENUE,P.O.BOX 4392
29. City,Town or Village: QUEENSBURY State: NY Zip Code:12804
30. Business Telephone Number of Representative/Attorney: 518-793-4900
31. Business Email Address: MDELSIGNORE@BORDELLAW.COM
I am the applicant or hold the license or am a principal of the legal entity that holds or is applying for the license. Representations
in this form are in conformity with representations made in submitted documents relied upon by the Authority when
granting the license. I understand that representations made in this form will also be relied upon,and that false representations
may result in disapproval of the application or revocation of the license.
By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true.
32.Printed Name: KATHLEEN E.KELLY Title PRESIDENT
Signature: X � � .