State of New York

EXECUTIVE DEPARTMENT
Division of Alcoholic Beverage Control
State Liquor Authority
Case #: 141832
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Report of Investigation: Case Number 141832

County: SCHUYLER
Serial No. 3155251/OP 3155251
Date Assigned: 04/29/2020
Date Transcribed: 05/08/2020 12:46 PM

Name/ Address: MATTS PLACE LLC

1235 COUNTY RTE 16

BEAVER DAMS NY 14812

Investigative Activity: Refer to complaint dated April 22, 2020.

Conduct Investigation re: 1) Failure to Comply 2) Improper Conduct
***************************************************************************************
This investigation was initiated by a complaint alleging these premises are allowing on-premises
consumption in violation of New York State Executive Order 202.3.

On Thursday, May 7, 2020 a disclosed visit was made to the above premises by writer from approximately
4:25 pm to 4:40 pm. Writer observed 5 vehicles in the parking lot. Writer entered the premises and observed
8 to 10 patrons seated at the bar consuming alcoholic beverages. Writer observed patrons drinking bottled
beer, canned beer, and glasses containing what appeared to be draft beer. Writer specifically observed both
bottles and cans of Budweiser and Miller beer products. Writer spoke with the Licensee Matthew O'Dell and
informed him he was violating the NYS Executive Pause Order. O'Dell stated he thought it was okay to serve
drinks while people were waiting for their food orders. Writer explained the order specifically states neither
alcoholic or non-alcoholic beverages are allowed to be served and consumed on the premises. O'Dell became
very belligerent saying, "this is bullshit; no one in this county has the Covid virus." Writer gave a copy of the
Governor's Executive Order to O'Dell, who further responded, this order is not a law and would not hold up
in a court. Prior to exiting the premises, writer tried to calm O'Dell down, informing him he could serve food
and alcohol for take out only, making sure his patrons leave the premises. O'Dell responded saying he can't
make money that way.

It should be noted during writer's visit neither patrons nor staff were wearing any face masks.

This concludes my report.

Submitted By: Classon, Michael

Submitted Date: 05/08/2020
 State of New York
EXECUTIVE DEPARTMENT
Division of Alcoholic Beverage Control
State Liquor Authority
Case #: 141832
**********************************************************************************************************************

Reviewed By: Curry, James

Reviewed Date:
 STATE OF NEW YORK
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
80 South Swan Street, Suite 900 163 West 125th Street 535 Washington Street, Suite 303
Albany, NY 12210-8002 New York, NY 10027 Buffalo, NY 14203
*******************************************************************************************************
IN THE MATTER OF PROCEEDINGS TO CANCEL OR REVOKE
NOTICE OF PLEADING
3155251, SCHUYLER OP 3155251
390-2020/Case No. 141832
MATTS PLACE LLC

1235 COUNTY RTE 16

BEAVER DAMS, NY 14812

PLEASE TAKE NOTICE, that pursuant to Section 118 of the Alcoholic Beverage Control Law you are required to answer by mail as provided
below, or in person with proper photo ID, at the office of the Division of Alcoholic Beverage Control, Iskalo Electric Tower Building, 535
Washington Street, Suite 303, Buffalo, New York 14203, on 05/25/2020, at 10:00 AM, in connection with proceedings to cancel or revoke the
above-referenced license, and to plead to the following charge(s):

1. That on or about May 7, 2020, the licensee violated rule 54.3 of the Rules of the State Liquor Authority [9 NYCRR 48.3], in that
it did not conform with all applicable building codes, and/or fire, health, safety and governmental regulations; (VIOLATION OF
THE GOVERNORS ORDER NO. 202.3 COVID-19) all cause for revocation, cancellation or suspension of the license in
accordance with rule 36.1(f) of the Rules of the State Liquor Authority [9 NYCRR 53.1(f)].
2. That on or about May 7, 2020, the licensee, through the actions of its principal Matthew O'Dell, and its agents and employees,
has violated rule 54.2 of the Rules of the State Liquor Authority [9 NYCRR 48.2] in that the licensee has failed to exercise
adequate supervision over the conduct of the licensed business; all cause for revocation, cancellation or suspension of the license in
accordance with rule 36.1(f) of the Rules of the State Liquor Authority [9 NYCRR 53.1(f)].

PLEASE TAKE NOTICE THAT YOUR FAILURE TO PLEAD WILL BE DEEMED A "NO CONTEST" PLEA AND NO FURTHER
HEARING WILL BE HELD.

PLEASE TAKE FURTHER NOTICE that you may be represented by counsel.

PLEASE TAKE FURTHER NOTICE that you may plead to the charge(s) by mail instead of by personal
appearance provided that a letter signed by you or your attorney, setting forth your plea of "Not Guilty" or "No Contest" is received by the
Office of Counsel of the Division of Alcoholic Beverage Control at the above Buffalo address on or before the pleading date specified above.

PLEASE TAKE FURTHER NOTICE that the maximum penalty may be a revocation and forfeiture of the Bond filed by you, and or a civil
penalty. In addition, if the Authority revokes the license, the Authority may proscribe the issuance of a license at the premises for a period of
two years from the date of revocation of the license.

PLEASE TAKE FURTHER NOTICE: If you plead not guilty to the charge(s), a hearing will thereafter be scheduled at which you may appear
with counsel, produce witnesses, and introduce evidence in your behalf.

PURSUANT TO SECTION 301 of the State Administrative Procedure Act and Executive Order Number 26, interpreter services shall be made
available to licensees, at no charge, by the Authority.
Date: 05/11/2020
Licensee's name and residence address
ODELL, MATTHEW S DIVISION OF ALCOHOLIC BEVERAGE CONTROL

Office of Counsel
Licensee's Landlord by: Jaime Gallagher, Esq.
MATTHEW AND MARY ODELL 535 Washington Street, Suite 303
1235 COUNTY RTE 16, BEAVER DAMS, NY 14812 Buffalo, New York 14203

Notice to Landlord: As stated above, in the event the Tel: (518) 474-3114 Options 4-2-3
disposition of this case results in a Revocation of the Fax: (716) 847-3075
license, the Authority may impose, as part of the penalty,
a two year prohibition against the issuance of any alcoholic Certified Mail # 7017 1070 0000 4317 0796
beverage license at these premises.
 NEW YORK STATE LIQUOR AUTHORITY
FULL BOARD AGENDA
MEETING OF 06/24/2020

2020-00776 REASON FOR REFERRAL

COND NO CONTEST
3155251, SCHUYLER OP 3155251
MATTS PLACE LLC DO#390-2020/Case # 141832

1235 COUNTY RTE 16

BEAVER DAMS NY 14812

1. FAILURE TO COMPLY - LOCAL REGULATIONS ON 05/07/20

2. FAILURE TO SUPERVISE ON 05/07/20

MP: REVOCATION PLUS BOND CLAIM

OFFER: $5,000 CIVIL PENALTY

LICENSE ISSUED: 09/05/2014

LICENSE EXPIRES: 08/31/2020

ADVERSE HISTORY:NONE

NOTE:
1. ON 05/13/2020, THE FULL BOARD IMPOSED AN EMERGENCY ORDER OF SUMMARY
SUSPENSION WHICH IS STILL IN EFFECT

The Members of the Authority at their meeting held at the Zone 2 Albany Office on 06/24/2020
determined:

CNC ACCEPTED

Voting was as follows:

1. CHAIRMAN VINCENT G. BRADLEY Voted: YES
2. COMMISSIONER GREELEY T. FORD Voted: YES
3. COMMISSIONER LILY M. FAN Voted: YES

Penalty:
Civil Penalty: $5000.00

If not paid within 20 days then the penalty will be:

Bond Claim: $1000.00
35 Days Forthwith Suspension
 NEW YORK STATE LIQUOR AUTHORITY
FULL BOARD DISPOSITION
MEETING OF 06/24/2020

06/25/2020
MATTS PLACE LLC

1235 COUNTY RTE 16

BEAVER DAMS NY 14812
Re: 3155251, SCHUYLER OP 3155251
DO # 390-2020/Case # 141832
AGENDA ITEM NO. 2020-00776

Dear Licensee:

The Members of the Authority on 06/24/2020 determined as follows with regard to the above captioned
matter:

CNC ACCEPTED

Penalty is the following:

Civil Penalty: $5000.00

Penalty Due by: 07/24/2020

If the above penalty is not complied with by 07/24/2020 the following will be imposed:

Bond Claim: $1000.00

35 Days Forthwith Suspension

NOTE: A civil penalty must be paid in full, no installments, by OFFICIAL BANK CHECK OR MONEY ORDER payable to
the State Liquor Authority. Mail payments to the New York State Liquor Authority, Secretary's Office, 80 South Swan
Street, Suite 900, Albany, New York 12210-8002, by the above due date. To insure proper credit, please list your
license serial number and name on the check.

If the Authority has to impose a Bond Claim, a demand for the bond claim will be made to your bonding company, who will
then seek repayment from you and additional expenses may be incurred in connection with the restoration of the bond.
You will be required to restore your bond, pursuant to Rule 9.7(b) of the Rules of the State Liquor Authority [9 NYCRR
81.7(b)], which has been forfeited by reason of this penalty, within 10 days. A restoration of the bond will be required to
continue in business and avoid further disciplinary proceedings.

THOMAS J. DONOHUE, ESQ.

NEW YORK STATE LIQUOR AUTHORITY
SECRETARY'S OFFICE
80 South Swan Street, Suite 900
Albany, NY 12210
[518] 474-3114
Secretarys.Office@sla.ny.gov
cc: file