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Attachment 16kAttachment #1 6-k N,EW JERSEX 9" P" F" wM �r F" MR P" on 5 CHMM SOMMA STATE OFNEW JERSE Y OMCE OF Tim AT roltNEY GENERAL Ln � `f DEPARTMENT OF LAW AND PUBLIC SAFETY , � DIvISiON OF ALCOHOLIC BEVERAGE CONTROL P.O. BOX 087 TRENTONs NJ 08625-0087 PHONE. (509) 984-2830 FAX: (609) 533-6078 wrww.rw.cov/oa CIAsC November 8, 2013 Jacob Steen, Esq. Cherry Hill Nine & Spirits, Inc. Larkin, Hoffman T/A Total mine and More 7904 Xerxes Avenue S, # 1500 950 Springfield Road Minneapolis, MN 55431 Union, New Jersey 07083 License Number: 2019-44-071-405 Nri JOHNJ. HoFFMAN Acn+ Arrowfir Gwmm MicHAn L HAuAcu Dim This letter acknowledges your recent inquiry concerning the above-named licensee, a search of our Computerized Violations/Compliance System's limited records concerning State initiated disciplinary proceedings discloses the following: -Record of any current or pending suspension or revocation, or payment due of a monetary penalty...I. Disciplinary proceedings or other action currently contemplated by the Enforcement Bureau..... 'ES -Record of current open disciplinary proceedings i. charges preferred; open UAL Case, etc.)..... -Record of prior disciplinary action taken by this Division....., YES NOTE: If "Yes" to any of the above, please see attachment. This search will not include any matter currently under investigation by the ABC Investigative Bureau, if a report of investigation concerning„ such matter has not yet been forwarded to this Division. Additional this r of address dbelp-11nall actions takeb the local isauln authors uestsa cog same should _be addreW to that issuing author jM 'I`his llsrch da agi address an 2gssible outsta 'a alcoholic b fnvoiaes due nd owing blew ,lersev WholesaleM It should be noted that failure to timely pay alcoholic beverage invoices will cause a retail licensee to be placed on C.O.D. status and this status will remain on the license through a transfer until such time it is sat -104 N.J.A,C. 13:2-24.4. Credit delinquency information can be obtained from any wholesaler servicing the retail account, Arrangements should be made to satisfy these obligations at the time of sale, or the new owner will also be on C.O.D. status. Very truly yours, 0 U& V444.ev ASSA. WES GEISELMAN T ATTORNEY GENERAL -IN -CHARGE ENFORCEMENT BUREAU JWQlS 140 EAST FRONT STREar. P.O. Box 087, TRrroN,, Naw JERSEY 08625-0087 C. License isAx EguAL o pmfiTumff EwwrEj • PNMED ox RECYCUD PMER AND RFt:i' MARLR P" Department of Law &.Public Safety Division of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Prior Cases Against License N 201944-071 Cue ft 02-31536 License Name: Cherry Hill Wine and Spirits Inc H M 2002-0094 License #0 201944071005 Lic Gen: 005 DAG: Kivin Marc Schatz Trading As; Total Wine and More Prior DAG: Fine Amt $250,000.00 Deposit No; 10009700 Disposition. FLS Penalty Days: 30 Comments; 5250000 ilo 30 day suspension Fine Letter Sent Date: Can Closed Date: 11116/2009 0 Charge Letter Sent Date; CAL To Date* !Qharee(&. Charge WD 21 =�L 7 CharE@ Do' Mftnc- uw(� j�NMZL D a: FOR BOOKS2-1 FAILURE TO MAWAIMPRODUCE TRUE BOOKS OF A FLS LMM_ P" "M91 I" rM9 FM4 I" M M" P" IM Friday, November 08, 2013 pop I Of I f" w' STATE OF NEW JERSEY APPLICATION FOR 2013�2014 DEPARTMENT OF LAW & PUBLIC SAFETY DIVISION OF ALCOHOLIC BEVERAGE CONTROL PO BOX 0871 TRENTON, NJ 08625 RETAIL APPLICATION FOR 2013-2014 LICKNOR TERN SALES TAX AUTHORITY NUMBER-* 251729924000 LICENSE NUMBER: 2019-44-071-005 ISSUING A=ORITY-. TOWNSHIP OF UNION LICENSE TYPE: PLENARY RETAIL DISTRIBUTION LICENSE LICENSE STATUS BUSINESS CORPORATION LICENSE NAME-. CHERRY HILL WINE & SPIRITS INC TRADE NAME(S).- TOTAL WINE & MORE LICENSED PREMISES ADDRESS: 950 SPRINGFIELD ROAD LwIlom NJ 07083 MAILING ADDRESS: NONE ON F I LE IS LICENSE BEING ACTIVELY USED AT AN ACTUAL PREMISE? ")S C NO IF N0j ON WHAT DATE WAS THE LICENSE - LAST USED? STATE OF A6 SS: COUNTY OF mm -344 46 RK 9A (INDIVIDUAL LICENSER OR PARTNER OR PRESIDENT OR VICE PRESIDENT OF CORP,) BEING DULY SWORN ACCORDING TO LAW, UPON HIS/HER OATH DEPOSES AND SAYS*. (1) INFORMATION CONTAINED ON THIS LICENSE RMMWAL PRINTOUT, AND AS CONTAINED IN THE MOST COMPLETE FULL APPLICATION ON FILE AS UPDATED OR AMENDED BY THE ATTACIDWTS HERETO, IS TRUE AND COMPLETE. (2) IF. THE LICENSEE IS A CORPORATION OR A PARTNERSHIP, I AM DULY AUTHORIZED rmiq I =a -AV 4 1 ff?� wNx it> (SIGIMTUREt OF INDI AL LIQrEffSEE C4k-V2ffffkAi PARTNER, OR PRESIDENT OR VICE PRESIDENT OF CORPORATION) AFFIX E sm SWORN TO XNI) SEMSCRIBED BEFORE ME THIS 7-th my OF 1w4a_ F 4zLr- m (SIGNAIE OF NOTARY CfR ATTORNEY fAING OATH) CHERYL A. COLE NOTARY PUBLIC co qb"07/il/2015 V ( PRINTED --t&M39 AND TITLE dF NOTARY j� j (NOTARY SEAL IF APPLICABLE) co RESERVED ARRA MUNICIPAL FEE STATE FEE. *$ DATE FI LED DATE RENEWAL GRANTED OR DENIED ARE SPECIAL CONDITIONS IMPOSED OR THE 2013-2014 TERM? YES NO MUNICIPAL CLE OR A.B,C. BO SECRETARY: SIGNATURE DATE f /►O U1��%CN : 13010191 dew NAME OF ISSUING AUTHORITY STATS Copy /3 17 Ar! 03-9, L0003 CHRIS CNRISTIE GOW R ,STATE of NE w JERSEY JOHN J. HOFFMAN *'* acr�v arnvRnrEr �G��,�sc flmm OF THE AT OPMY GFS . Kim �JUA�AGNO DEPARTMENT OF LAW AND PUBLIC SAFETY Lr. Gav�RNnR DIVISION OF ALCOHOLIC BEVERAGE CONTROLNitCHA�. I. ��ALFA►G`RL DimrrtyR P.D. BOX 087 TRENTON, NJ 08625-0087 PitoNL: (609) 984-2830 FAX: (609) 633-078 WWW.NJ.GOV/OAG/ABSC November S. 2013 Jacob Steen, Esq. Cherry HUI Wine & Spirits, Inc. Larkin, Hoffinan T/A Total wine and More 7900 Xerxes Avenue S, # 1500 2100 Rt. 3 8 The Plaza at Cherry Minneapolis, MN 55431 Cherry Hill, New Jersey 08034 License Number: 0409-44-001-006 P" This letter acknowledges your recent inquiry concerning the above-named licensee, a search of our Computerized VlolationslCompliance System's limited records conceming State initiated disciplinary fa" proceedings discloses the following: -Record of any current or pending suspension or revocation, or payment due of a monetary penalty.... YES pow Disciplinary proceedings or other action currently contemplated by the Enforcement Bureau..... YES "" Record of current open disci proceedings i e pe Plm�' P�' � charges preferred; open GAL Case, etc...... -Record of prior disciplinary action taken by this Division..... Y„ES NOTE: If "Yes" to any of the above, please see attachment. This search will not include any matter currently under investigation by the ABC Investigative Bureau, if a report of investigation concerning such matter has not yet been forwarded to this Division. Addidenaftthis jeaMb-dog not address discigUnaa actions taken by The local issuing authorl : guestions concerning should be addre;so to that issulna authority. Ibis Aggrgh does not address an ossand' t lie bevera a invoices due and ow u t ,New Jersey Wholesalers. It should be noted that failure to timely pay alcoholic beverage invoices will cause a retail licensee to be placed on C.O.D. status and this status will remain on the license through a transfer until such time it is satisfied,.J A.0 13:2-24A. Credit delinquency information can be obtained from any wholesaler servicing the retail account Ansngements should be made to sad fy these obligations at the time of sale, or the new owner will also be on C.O.D. status. Very truly yours, SL GEISEL lit AS NTAT ORNEY GENERAL -IN -CHARGE ENFORCEMENT BUREAU JWG:ls 140 EAST FRONT STRW, P.O. BOX 0870 TRENm, N$w JMtW 08125-0087 C. Liccnsi# MgIsAmEQUdt OprowvA'1T!' &&WYER 0 PNMW CW AWMW PitPlzR ANO &r. YmaL. s A�! oft OR *" F" F" F" r" rM Fwq F" Pq Department of Law & Public Safety Division of Alcoholic Beverage Control Case 'Tracking System - Inquiry By License Number Prior Cases Against License # 040944-001 Case #: 05-31602 H #: 2005-4124 DAG: Kevin Marc Schatz Prior PAG: Disposition: WL Penalty Days: Comments: 'Warning Letter charg • Chorea DescrlD lob OTHER TAILORED CHARGES Friday, November 08, 2013 License Name: Cherry Hill Wine and Spirits Irw License #; 1140944001006 Llc Gen: 006 Trading As; TOW Vicine and More neII 'Deposit No: Fine Letter Sent Date: Case Closed Date: 07/15/2005 Charge Letter Seat Date; +DAL To Date: ChgEle _limul,th,m:, Charge Violation Date_ WL 3126/2445 P" Department of Law & Public Safety 1w IN Divnion of Alcobolic, Beverage Control Case Tracking System a, Inquiry By License Number Prior Cases Against License # 0409-44-001 am Can 02-31534 License Name: Cho" Hill Wine end Spirits Inc H 0,0, 2002-0094 License M 040944001006 Lie Gen: 006 DO), Kevin Marc Schatz Trading As: Total Wine and More PGR PAOF DAGO Fine Affit-0 $2509000.00 oqws �c ko� M-1 9695, DU,23po wftlon.o FLS Fe2mgy Days: 30 moments: 5250OMfio 30 day suspmion Fine Letter Sent Date; Case Closed Date -C 11/15/20011T�l Charge Utter Sent Date: OAL To 9,rr � e ,eJD ChSEMWA• -AMEEIRtion.1 BOOKS24 FAILURE To MAMA IN/PRODUCE TRUE BOOKS OF A FLS V 002 P" i7. 0 L"i P" 04 Friday, Novanber 08, 2013 Pap 1 of 1 PER PER FNq f" P" Nr P" Departeat of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking Systems - Inquiry By License Number Prior Cases Against License ## 4409-44-001 Case #t: 04-30570 License Naive: Cherry Hill Wine and Spirits Inc H a 2044-3692 License #: 040944001005 Lie Gen: 006 DAG: Kevin Marc Schatz 'trading As: Total Wine and Mork Prior DAG: Fine Amt; Deposit No . ' Disposition: NA Penalty Days: Comments: consolidated with 31534 & Fine Letter Sent Dade: Case Closed Date: 0210512007 31536 as per Kms Charge Letter Sent Date: OAL To Date: Cha ear char a DescrZntian; �._.��. rhar�e Di ition: Chareeyioi� Friday, Noveinber 09. 2013 PW I of i tr1 Department of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Prior Cases Against License # 040944-001 Case N: 98-21677 Lken a Name: Cherry dill Wine and Spirits Inc H #: 07398-067 Cleanse #: 040944001046 Lie Gen: 006 DAG: Anaiisa Sarna Holmes 'trading As: Total Wine and More Prior DAG: Fine Amt: $77500.00 Deposit No: 00009417 Disposition: FLS Penalty Days: Comments: FLS $7500 ILD 7 DAYS Fine Letter Seat Tate: Can Closed Date. 056 12000 Charge Letter Sent Date: OAL To Date: 12/14/1998 Chg s : h�aM Qescrintton,� Charge Aispos1, tion: Chg Ylolallon D r•R E141 EMPLOYEE LIST INCOMPLETE OR HOT AVARABLE FLS 5/5/1998 APF 1 NO CURRENT LICENSE APPLICATION - SHORT/LONG FLS 5/5/1998 PULA SALE OF ALCOHOLIC BEVERAGES TO A PERSON UND FLS 51511998 pq 101 PM f" r" Friday, Nov=bcr 08, 2013 Page 1 of 1 I" P" M1. won "Ms "Ms "+7 rq 1 r"I 1 004 1 F" 1 post 1 M9 1 F" 1 P" Depacut of Lav +& Public Safety Divbion of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Prior Cases Against License # 0409-44-001 ' Case M. 93-20582 Lk ease Name: Chert Hill Wine & Spirits Inc H #: 07395-083 License t#r 040944001005 Lie Gen: 005 DAG: Jose Rodriguez Trading As: Cheng Hili Wine & Spirits Prior DAG; Fine Amt: $10,000.00 Deposit No: 97012082 Disposition: F/S Penalty Days: Comments: FIS $10,000ILO7 OFS EFF Fine Letter Sent Date: Case Closed Date: 01!48!1997 1/1197 Charge Letter Sent Date: OAL To Date: 06/14/1996 • Charge D rlptlan: Ch a Disnosition: Chrffe Violation PULA SALE OF ALCOHOLIC BEVERAGES TO A PERSON UND F/S 7/20/1995 Friday, Nov=dw 08, 2013 Pap I of 1 I STATE OF NEW JERSEY DEPARTMENT OF LAW & PUBLIC SAFETY 3-2014 DIVISION OF ALCOHOLIC • BEVERAGE CO TION FOR 20-- 1 PO BOX 087, TRENTON,,. NJ 08625 RETAIL itinliffAL APPLICATION FOR 2013;-2014 LICENSE T13RX SALES *TAX AUTHORITY NUMBER: 251729924000 LICENSE NUMBER -0 0409-44-001-006 ISSUING AUTHORITY*: TOWNSHIP OF CHERRY HILL LICENSE TYPE: PLENARY RETAIL DISTRIBUTION LICENSE LICENSE STATUS: Busrmss co"omnm LICENSE NAME: CHERRY HILL WINE AND SPIRITS INC TRADE NAME (S) TOTAL W INE & MORE C1 LICENSED PREMISES ADDRESS: 2100 RT 38 THE PLAZA AT CHERRY CHERRY HILL NJ 08034 MAILING ADDRESS. NONE ON FILE 403"p'* • ro IS LICENSE •-BRING ACTt7RLY USED AT AN ACTUAL PREMISE? (v y1m s Wo IF NO, ON. WHAT DATE WAS THE LICENSEE LAST USED CA) STATE OF MA4V1.At4;f sso COUNTY OF At 4:0, � � Ad 1 1 bpc (INDIVIDUAL LICENSEE OR PARTNER OR PRESIDENT OR VICE PRESIDENT OF CORP BRING DULY SWORN ACCORDING TO LAW: UPON HIS/HER OATH DEPOSES AND SAYS. (1) INFORMATION CONTAINED ON THIS LICENSE RENEWAL PRINTOUT, AND AS CONTAINED . IN THE MOST'COMPLETE FULL APPLICATION ON FILE -AS UPDAT AMENDED BY THE ATTACMWNTS HERETO IS TRUR AND COMPLETE (2) LICENSEE IS A CORPORATIO OR A PARTNMH1Pj T AM DULY AUTHOR?' D TO FILE tio S4A (SIGNATmm OF _fWjV6TU'&Wfj259WE'--6R GM&MAL PARTNER, OR PRESIDENT OR VICE PRESIDENT OF CORPORATION) AFFIX C PORATH SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF12013 /of& (SIGNATI-RE OF NOTARY OR ATTORNEY TAKING OATH) CHERYL App COLE NOTARY PUBLIC ru -dz7/ e_'0'0- 6 41 112016 ( PRINT Ed NAME AND - TIT L]f OF 140TARr'06R ATTORNEY (NOTARY SEAL IF APPLICABLE) RIBSERVED ARRA MUNI'CIPAL FEE $ STATE PER $ DATE FILED DATE RENEWAL GRANTED OR DENIED .ARE SPECIAL CONDIT ONS IMPOSED FOR MM 2013-2014 TERM? YES NO MUNICIPAL C A#B*Cv AR.ti E TARY S NO: 13019113. SIGNATURE DATE MUNICIPALCEEM NAME OF ISSUING AUTHOR- nr Iv.vW 1vW'N$EV0]F Y STATE COPY MR/ -z.. P" Mm ■ ww ORE PIRO +" ■ P"e P"a P" �0 P"a MRI P"s MR MR ""I P"1 JOHN J. HOFFMAN ACMAM 7 GENEML MICHAEL I. HALFACRE DiRWWR This letter acknowledges your recent inquiry concming the above-named licensee, a search of our Computerized Violations/Compliance System's limited records concerning State initiated disciplinary proceedings discloses the following: -Record of any current or pending suspension or YE -5 revocation, or payment due of a monetary penalty.... Disciplinary proceedings or other action currently contemplated by the Enforcement Bureau.... e Record of current open disciplinary proceedings".e , charges preferred; Open OAL Case, etc.)..... YES -Record ofprior doasciplinary action taken by this Division....a NOTE: If "Yes" to any of the above, please see attachment. This search will not include any matter currently under investigation by the ABC Investigative Bureau, if a report of investigation concerning such matter has not yet been forwarded to this Division, AdditlonallL this search does not address bc1 'na actions taken by thS LoSILissuln aut i ins concer fn m h uld be add at issuing authSIrItyll This search does not addEgLan sible ogMnding #Mholle beveMgt A1X9jggL&e and owingt New Jersey W l alers. it should be noted that failure to timely pay alcoholic beverage invoices will cause a retail licensee to be placdd on C.O.D. status and this status will remain on the license through a transfer until such time it is satisfied, N.I.A.C. 13:2-24.4. Credit delinquency information can be obtained from any wholesaler servicing the retail account. Arrangements should be made to satisfy these obligations at the time of sale, or the new owner will also bo on C.O.D. status. very truly yours, L . GEISELMAN • AS ANT A RNEY GENERAL -IN -CHARGE ENFORCEbMT BUREAU JWG :ls 140 EAST FRONT STREET, P.O. Box 087. TR.n =Ns NEW JERSEY 08625-0087 4100. Licensi IS AN AL OppolMlN "F.I pWyE'R' PRWFD ON RECYCLED PAPER AND REMI A81 -R CHRIS CHRISTIE CHRIS GonRNvR ,STATE oFNEwJERsEy OFFICE OF THE ATTORNEY GENERAL Kim GUADAGNo IDEPA KENT OF LAW AND PUBLIC SAFETY Lr. CovmwR DIVISION OF ALCOHOLIC BEVERAGE CONTROL P.t}, BOX 887 TRENTON, NJ 08625.0087 PRONE; (649) 984-2830 FAxo. (609) 633•-6078 WWW.]U.GOV/OAG/ABC November 8, 2013 Jacob Steen, Esq. EG Holding Corp, -West +range Larkin, Hoffman T/A Total Wine and Spirits 7900 Xerxes Avenue S, # 1500 495 Prospect Avenue Minneapolis, MN 55431 West Orange, New Jersey 47052 License Number: 4722-44-046-008 JOHN J. HOFFMAN ACMAM 7 GENEML MICHAEL I. HALFACRE DiRWWR This letter acknowledges your recent inquiry concming the above-named licensee, a search of our Computerized Violations/Compliance System's limited records concerning State initiated disciplinary proceedings discloses the following: -Record of any current or pending suspension or YE -5 revocation, or payment due of a monetary penalty.... Disciplinary proceedings or other action currently contemplated by the Enforcement Bureau.... e Record of current open disciplinary proceedings".e , charges preferred; Open OAL Case, etc.)..... YES -Record ofprior doasciplinary action taken by this Division....a NOTE: If "Yes" to any of the above, please see attachment. This search will not include any matter currently under investigation by the ABC Investigative Bureau, if a report of investigation concerning such matter has not yet been forwarded to this Division, AdditlonallL this search does not address bc1 'na actions taken by thS LoSILissuln aut i ins concer fn m h uld be add at issuing authSIrItyll This search does not addEgLan sible ogMnding #Mholle beveMgt A1X9jggL&e and owingt New Jersey W l alers. it should be noted that failure to timely pay alcoholic beverage invoices will cause a retail licensee to be placdd on C.O.D. status and this status will remain on the license through a transfer until such time it is satisfied, N.I.A.C. 13:2-24.4. Credit delinquency information can be obtained from any wholesaler servicing the retail account. Arrangements should be made to satisfy these obligations at the time of sale, or the new owner will also bo on C.O.D. status. very truly yours, L . GEISELMAN • AS ANT A RNEY GENERAL -IN -CHARGE ENFORCEbMT BUREAU JWG :ls 140 EAST FRONT STREET, P.O. Box 087. TR.n =Ns NEW JERSEY 08625-0087 4100. Licensi IS AN AL OppolMlN "F.I pWyE'R' PRWFD ON RECYCLED PAPER AND REMI A81 -R PMR Department of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Prior Cases Against License # 0722,44-046 Case 0: 02-31535 Incense Name; E (3 Holding Inc H #: 2002-0094 License H.. 072244046008 Lit Gen: 008 DAG: Mvm* Marc Schatz Trading As: Tota! Wine and More PriorDAG: Fine Amt; $250,000.00 Deposit No: 10009696 Disposition: FLS Penalty Days: 30 Cm Closed Date. 11/10/2009 PIM Commentq,o $25000 0 i10 30 day suspension Fine Letter Sent Date: Charge imur Seat Date; DAL To Date; !gk= V Char Char Ones M99 yiolati©n Date-, owl BOOKS2-1 FAILURE To MAINTAIN/PRODUCE TRUE BOOKS OF A FLS 7=002 I" "M P" P" P" I" L..� MR - Fti ft, Novanber 08,, 2013 Pap I of I No P" P" P" a" P" MR F" F" P" P" F" LT tF Department of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Mor Cases Against License # 0722-44-046 Can W30974 License Name: E 0 Holding Inc R 0: 2004-2661 License N; 072244046008 Lie Gen; 008 DAG: Kevin Marc Schatz Trading As: Total Wine and Mom Prior DAG., Firm Amt; Deposit No: Disposition: NA Penalty Days: Comments* consolidated with 31533 & Fine Wer Sent Datee. Case Closed Dale: 02/08/2007 31535 as per kms Charge Letter Sent Date: OAL To Date; Yjalgo'n Cher &jgriodon; Chime ChareeRiMosiggn., ChAr9S Page I of I Friday, November 08. 2013 Im I" "n ■ P" ■ P" ■ "m ■ r■n ■ P" ■ MR r" PER ow P" OTfm 14 Atmu W Stets PS=ft (R.S. 33:1-42, NJAC 13.2-52) 40 �..'�.' Speed Pam for r a Golf Facet N (�C ) .�, This Am is Reserved for ML Municipal Fees q,2 Effec tlye Date , (As Stated In Resolution. Date of resoldon unless Oft wise estab0shed-) State .Fee $ J.o o . C20Date EWed 1 . 1 (As Stated In Resolution) . s Refuted Amount $ Special Conditions Attached: _._.,Yes XV No Type or Print Nero (Last NamQ, First, , Middle Initial) of M4uticipal Cies i 00'r,00000, l, of Munwal Cm or 0722-44 465m008 • E G Holding Corp. — West Grange . T/A Total Wine & More 32S Essex Green Shopping Ctr. West Orange, NJ 07052 • - 1w r N�•.� .+•� *w` A ♦ r.= ok' V ✓.Y may{ am" p ! 0-7 ABC Seastary TRAMS 14Q: 14004741 LOOCIS s d • 0 ` SSS - • 1j I C. tj � J) LL �•r I \M/ U . STATE OF NEVA JERSEY APPI.ICA O -�O14 . DEPARTMENT OF LAIN AND PUSUC SAFETY DPASION OF ALCOHOLIC SEGO coNTrtGL . - W. D U • . FEE.. - DATE: RETAIL UQUOR LICENSE APPLICATION STATE ASSIGNED LICENSE NUMBER DATE APPUCATiON FILED: . Ifor OMSION use only (000el CODE TYPE OF LICENSE (CHECK ONE) THIS APPLICATION IS FOR: , . CLASS C UCMSES MS, 33:1-121 • 31 CWb • ' .�___ A few License . Plenary RetaIl -Consumption • vrrlSr % Package Primage _____ pown-to-PersonnTT i r (Including P A dunge except Lk ted Partnership) 33 ' t Pienalt Retall Coniumpboon pWq4xwiace`TransW . (including expansion of premi�c) • 36 Plan R+etall Consurnptlon (H�motel Excepdbn). . Change of Catpore#$ Structure 37 PWwq Retail Consumption Extension of Licenseto Exeoutar, . Receiver Adminls�r, etc.) 35 Seasonal Retail Consumption (November 15 through April 30) , Renewal of License. 34 Seasonal R AR Consumption t + At ►ndment of A llca5an an File • '—'� May 1 thm9h Number 14) Other _ Plenary Retd DWaftlon . 43 � . Limbaci Retail Damon OTfm 14 Atmu W Stets PS=ft (R.S. 33:1-42, NJAC 13.2-52) 40 �..'�.' Speed Pam for r a Golf Facet N (�C ) .�, This Am is Reserved for ML Municipal Fees q,2 Effec tlye Date , (As Stated In Resolution. Date of resoldon unless Oft wise estab0shed-) State .Fee $ J.o o . C20Date EWed 1 . 1 (As Stated In Resolution) . s Refuted Amount $ Special Conditions Attached: _._.,Yes XV No Type or Print Nero (Last NamQ, First, , Middle Initial) of M4uticipal Cies i 00'r,00000, l, of Munwal Cm or 0722-44 465m008 • E G Holding Corp. — West Grange . T/A Total Wine & More 32S Essex Green Shopping Ctr. West Orange, NJ 07052 • - 1w r N�•.� .+•� *w` A ♦ r.= ok' V ✓.Y may{ am" p ! 0-7 ABC Seastary TRAMS 14Q: 14004741 ""A ""s MR P1" ■ P" ■ POR ■ 01■ MR ■ ""■ F" ""I ""I won ""I s a Page 2 • PLEASE TYPE OR PRINT ALL INFO 10I STATE ASSIGNED LICENSE NUMBER. 072= - li+coon is made on behalf of:2--- • . .. 2 =Business Corporation 7 : Llrnibad Liability Company I= An tr�dlivitival � 4 - Ur�ncx�'Porated Club 3 = A Paranero 6 = LIMiWd PartnerSNP 5 = Incorporafied Club . OR VVILI. APPEAR ON THE LICENSE CERTIFICATE (NOT "TRADE' NAME): . •2.1 NAME(S) AS IT -DOES Individual Lest Name, Fid Name Middle Inde. Partnership or Corpor�on. • License may be held by { . E.G* Boldin • Name)(Last Name, First Name, Alltddle Inial or Corporate. 2.2 ACTUAL ADDRESS iMiERE THE LICENSE 1S TO BE USED (SITED PREMISES): 495 Prospect Avenue, Essex Gr ' Sbid Aftws Number Name . . Municipailty West Orange • • ZJp r Telephone number of business (971 321kumber Area Exchange address is d�#w the'ed� ual address" phren above, Prmvide the.mailing addnas 2.3 if no tensed premises 840or if a mailEng . (insert N/A if not applicable): . StreB#Address 103 Yost 'Blvd.. Sui �6.•iDl • Number Suet N ° Municstew tyPittsbur ' P.O. Box# 15221 ' Telaphone ( 4.412 ) 82.5 `- 0579 zipr ' Cerrtificabe► of Auth�ortty No. 223358650 2.4 Now Jersey Sales Tmt ' NESS IS TQ BE CONDUCTED. ALL TRADE NAMES MUST BE USTED °AND 2.5 TRADE NAME(S) UNDER V1�ilCH SUSh O • F STATE �f a o��I OR COUNTY CLERK [#f a pale Or 6610 pnopnetc�. ' RECIS'i'ERED 1��ITH THE N.J. SECRETARY Tdtal Wiue & More 2.6 THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY Ail.i_ APPLICAN T S OTHER THAN J4PP! !C _ . S FOR A NEW- LICENSE. L n A. IS THE UCEN E ACTIVELY USED AT AN OPERATING p. CE OF BUSINESS? a B. IF GIVE E DATE � C USI F STOPPED OPERATING (OR THE DA THE LICENSE.WAS ORGI Y O ISSUED IF NEVER SITS 07 AN OPERATING SUSINESS)a ` C. IF THE LICENSE IS INACTIVE AND THE APPLICATION IS FOR A T FER, WILL. THE LICENSE BE USED AT A OPERATING PLACE OF BUSINESS AFTER APPROVAL Yes No 2.7 THE FOLLOWING, {QUESTIONS ARE TO BE ANSWERED BY AN APPLICANT FCR A NEW LICENSE; BE USED AT AN OPERKPNIG PLACE CF BUSINESS 1! MEDIA LY UPON ISSUANCE? A° Il'1tILL THE LICENSE Yes No . B. IF NO, PROVIDE ANTICIPATED DATE OF LICENSE AC11VATION: In �1 i 1�■1 j TO"SHU OF WUT OR G19 • � �t� sT��T .. CW , ?WW JENNY 07052 Daren J. Carmeval R WLC . •. Tei: (973) 3Z5- 15� l ur�iei al Clerk F= (973) 731�� P �-: clerk�r�es#orauae.or� October 9. 2013 To: Rebecca Males, ABC • Fro= Kram Camevaie, R.M.C. Re: V2d&gM of A, - Total and --0MZAA:QIk00& Good 1VXoorning B As discussed, the address for the above fenced liquor license is 49S Prospect Avenue, We9i Orange, NJ, 07052. 1f ou need �t ther, please let me know. Thank you. Y aLl Page 3 PLEASE TYPE OR PILI NT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER ..2? • 4�..�.. - 046 - va 8 • ' the licensed rernlses. This dew s the area or place v�hich 19 to be fiwmed for the The folk Ang qumWons.Identify inion w, % about P TMV of alcoholic beverages. If the license is fnac a� NOT SITED AT A PLACE OF Page - sales s�•�nee, consumption, delivery, reoa�t or s�rsge� tam NIA as a cnse to ques#on 3.'l, question 22 on Pag�a• BUSINESS, answer queam 3.1 only. tarit:g NIA for not $ppticabicc:. elf You 2 should also be answered N/A.) . MANY SEPARATE BUILDINGS ARE TO BE INCLUDED UNDER THIS LICENSE?._�.._.._ 3. t HOW each burldln . ldin is to be Included under this License, a separate Page 3 is to be submitted covering 9 If more than one bui g ntire Licensed prOMISes shcuW be submitter for incluslon in the State ABC license 111e. An UP -0 -date sketch, o� the e . BUILDING NO. 1 OF TO BE LICENSED. 3.2 3.3 IS THE ENTIRE BUILDING TO BE LICENSED? XX Yes No s - • o 6 spa* which flows arse to be under license and which ones are not by answering the If the answer to question 3.3 cN , - . folowing questions:. All of I# � Yes 3.4 BaismOnt �. Yes ,.�. No . • ` 19 Haar Yes _._ No. All of it _„___ Yes ^.�,.._ No floor Yes � No All of if ,____Yes No • Yes ,:No All of it Yes No 3� floor __._. _ Spetjfy each additional floor number W be ihctuded under this license: if ardy part of any floor is tD be licensed, attach a more detailed w9lanation with sketches teaOrlydellnMtB licensed ares from unlicensed areas. 3.5 ARE ANY GROUNDS ADJACENT TO THE BUILDING UNDER LICENSE TO BE INCLUDED AS PART OF THE LICENSED PREMISES? Yes xx No 3.6 IS THERE ANY UNLICENSED AREALOCATED BETWEEN BUILDINGS UNDERTHIS LICENSEOR BE` WEEN LICENSED ADJACENT GROUNDS? Yes xx No' •TEs,' ATTACH A SKETCH OF THE UCENSED AND UNLICENSED AREAS SHOWING DIMENSIONS IF THE ANSWER iS IN FEET. E BUILDING?� Yes � No 3.7 DOES THE APPLICANT OWN TH IF "YES, IS THERE A MORTGAGE ON THE BUILDING? Yes No • � XYLYes � No DOES THE APPLICANT I..EASE THE BUILDING? • e on the property, answer queeW 3.8. If the ticenseci promise is used, answer question 3.8. if there is a mortgage pr4P t� 3.8 MORTGAGEE (HOLDER OF MORTGAGE): A �1/ (Lest Name, First Name, middle Initial or Corporate Name) Stoat Address Street Nam P.O. Boat # Municipality State Zip- - 3.9 LAkDLORD (HOLDER OF LEASE: Mutual Life Insurance Company . Las! Name First Name. Mid a lnidal or Cotporarte �} 1 1 1t} Broadway. Sftet Address Street i+lwe Number P.O. Hoot # Municipalftyl.. New stork Statie NY r 4 +• Pap 44 PLEASE 7YFE OR PRINT ALL WFORMAMON ec) I STATE A: 18-MGMED UC E-KSE NUMBER TH HE NEAREST' M THE WAREST ENTRAN CE, OF THE FLAGTb BE U C;0 SE0 W, IN ?00 FST OF T ENTRANCE OF ANY CH'U-JRCHOR SGHUOV� �ED FERY THE APPROPR"'IfFE OFML4AL A77ACHE[C'! TO, THIS• IF THE ANSv&R13 ®YES �,cS_ ge\ �jfqAaj�erg- M 30K APPUCATION? y&_:n, AMY VE 'DELMERY O .F 42 DOES THE APPUCAMT �KQMRD TO USE VEHICLES FOR THE TkkNSP0RT OR ALCOHOLIC BEVERAGE87 yag, XZ=, No (A TRANSIT INSIGNIA IS NECESSARY BEFORE ALCOHOLIC BEVERAGES MAYBE TMNSPID RTED-) 43 HAS THE APPUCANT FILED AN ANNUAL SPECiAL TAX REGISTRATION AND RETURN FORM -(TT8• F psi -5630.5) WITH THE FEDERAL ALCOHOL AND TOBACCO TM AND TRADE BUREAU? XX No " DATE FILED 'O6 1 30 12006 No change in existing tegistratioxviufo. IFYES,,,.,,,,.,:,. 4.4 WILL ANY BUSINESS OTHER THAN THE SALE OF ALCOHOUC BEVERAGES BE CONDUCTED -ON THE PREMISES TO BE LICENSED? ..—XX.Yes IF THE ANSMR IS'YES," DICATE:THE NATURE OF THE BUSINESS AND WiO WILL CONDUCT IT BY RESPONDING TO THE FOLLOWING QUESTIONS: Restaurant Applicant Other Catering AppHcan� Applicant Other Hoteil/Motel Arnu_ Applicant ver r N.J. Lottery Applicant akar GroceiyorDericateel Applicant other XX Other (specify) Applicant Other --items. allowed under Section 12-3A ON LICENSED 4.5 IF SOMEONE OTHER THAN THE APPLICANT WILL OPERATE THE OTHER BUSINESS - - THE PREMISES, ANSWER THIS QUESTION. IF THERE IS MORE THAN ONE INDIVIDUAL OR COMPANYs ATTACH A SEPARATE PAGE -LISTING THE REQUESTED INFORMATION FOR EACH OPERATOR. Btielnm to be operated SIA Nam of company/individual (Last Name, First Name or Corporate Nam) Street Address Number Stmet Name MuriMpalfty State NJ Salm Tax Cefficate of Authority No. ZIP Page 5 PLEASE TYPE OR PRINT ALL INFORMATION 0,�,_7,� r 4 4 .046 .008 STATE ASSIGNED LICENSE NUMBER ALL APPLICANTS ANSWER THE FOLLOWING 5.1 IS THE APPLICANT OR ANY OTHER PERSON MEN11ONED IN THIS APPLICATION A POLICE OFFICER OR HOLD ANY POSITION ENTRUSTED WITH THE ENFORCEMENT OF ANY LAWS CONCERNING ALCOHOLIC:BEVERAGES IN ANY MANNER WHATSOEVER? Yes 'XX No If the answer is *Yes, rmmplete the fdHowtng: Name of indMdual Las# Name Fast Name Middle Initial Title of position held Name of Employing Agency 5.2 DOES THE APPUCANT OR ANY OTHER PERSON MENTIONED IN THIS APPLICATION, OR ANY PERSON HAVING A BENEFICIAL INTEREST IN THE LICENSED BUSINESS, HOLD OFFICE. IN THE UNIT OF GOVERNMENT ISSUING THE LICENSE? Yes = No IF THE ANSWER IS "YES," COMPLETE THE FOLLOWING: Name Of Individual Last Name First*Nwne Middle Initial Title Of Offim Munlci mltty 5.3 DOES THE APPLICANT OR ANY OTHER PERSON MENTIONED IN THIS LICENSE APPLICA11ONs OR ANYONE WITH A BENEFICIAL INTEREST IN THE LICENSED BUSINESS* DIRECTLY OR INDIRECTLY, HAVE ANY INTEREST IN ANY BREWERY, WINERY, DIST11 I ERY, RECTIFYING AND BLENDING PLANT, IMPORTER OR WHOLESALE ALCOHOLIC BEVERAGE BUSINESS, AS OWNER, PART OWNER, LANDLORD, TENANT', MORTGAGE HOLDER OR AS A STOCKHOLDER, OFFICER DIRECTOR- AGENT, EMPLOYEE OR OTHERWISE? Yes _._X. No IF THE ANSWER IS OYES,* ATTACH AN AFFIDAVIT EXPLAINING THE RELATIONSHIP AND NATURE OF THE INTEREST AND COMPLETE THE FOLLOWING: • A. Now Jersey Gconse number, K applicable S. IF THE BUSINESS DOES NOT HOLD ANEW JERSEY LIQUOR LICENSE, ANSWER THE FOLLOWING QUES I IONS: Name of entity conducting business {Corporation, Partnership or -Individual) -First Name; Middle Initidlor-Corporate Na (Last Name me) Street Address Number sbvetftme P.O. BOX# Municipality Zip dW Tpe of Business OR 0M OR POR PER PMR Page 6 PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER ALL APPLICANTS AN$V&R. THE FOLLOVOG • No HAS THE APPLICANT EVER BEEN DENIED A LIQUOR LICENSE IN NEW JERSEY? " Yes No a IF THE ANSWER TO THIS QUESTION IS "YES,' ANSVYtR THE-FOLOWING: TorprDenied: Retail Trarsportalon i WarehManufecWrer owe Unit of GovemWnt Which deified License or Pe"nit Date of Denial (ijppmAnate N not known) Remh far Denial IN THIS APPLICATION, OTHER THAN THE 6.2 HAS ANY CoRpoftATIoN. PARTNERSHIP OR INDIVIDUAL MENTIONED APPLICANT, BEEN DENIED A LIQUOR LICENSE OR PERMIT? Y08 QNMXX No IF THE ANSWER IS'YES; ANSWM THE FOLLOWING: Name of Entity - Last Nme First Nme Middle Initial Transp Type of License or Permit Denied: ROW Wholesale . Warehouse Manufacturer .0MME—ft-M Urfit of Govmmelt which derged License or Pemit: Date of Denial (aWmdMift It 1710t known) "WPM" Recon for Denial CENSE 6.3 HAS THE ApPUCANT OR ANY OTHER PERSON# CORPORATION OR ENTITY MENTIONED IN THIS LI APPUCATIONj ORANYONE WITH A BENEFICIAL INTEREST IN IT, HAD AN INTEREST IN A NEW JERSEY ALCOHOLIC BEVERAGE LICENSE WHICH WAS SURRENDERED, SUSPENDED OR HAD A PENALTY IMPOSED IN LIEU OF SUSPENSION, NOT RENEWED, REVOKED OR CANCELLED W(THIN THE 10 YEARS PRIOR TO THE DATE OF THIS APPLICATION? XX Yes No eobsw� IF THE ANSWER IS'PYESO'o PROVIDE. DETAILS OF EACH BELOW [Complete 8 SOParift P898 1B for each aclon]: Name of Individual Cberry Hill Wine & Spirits Inc.--- mmwmwwww� Mkidle Last Name First Name Inca! DATE OF ACTION 01 l DOCKET NO.06098-965- - • PENALTY Division of ABC * WAS IMPOSED BY: [Indicate whow by Division of ABC or Wn* Lova! W%drig Authority] PENALTY CONSISTED Of XX FINED $ ON10 9 000.00 NOT RENEWED xx *ONE day REVOKED CANCELLED SUSPENDED ay (number of days) OTHER [explain] 65.4 HAS THE APPUCANT OR ANY OTHER PERSON OR CORPORATION MENTIONED IN THIS LICENSE APPLICATION, OR ANYONE VM AJBENEFICLAL INTEREST IN THE BUSINESS UNDER LICENSE OR To BE LICENSED, EVER BEEN CONVICTED OF A CRIMINAL OFFENSE? , Y99 No A. IF THE ANSWER IS myo.,w ANSWER THE FOLLOWING: Nam of lndWWuld Lost Hama Nam Middle Initial • Date of 80h 0"I ConWcdon Deite State Court of Judidledon Description of oftrim (specific charge) Disposition (ones penalty, etc.) -Niture of Interest in erft to be licensed B. ifqoflcawe, prov.1de the date ft DIVectorof the N.J, Dh&10n Of AW0110110BOVOMP Cartrol Issued sinorder aPPMMM or disapprovire diNualiftwfiOn removal: (No Iic*nse may be Issued WW�XA Rn order i =91kIn Or femOyft from #W Director of to Division of Alcohol Sev=ge Control deWrmirting ho ftqugff Bisque on.) {See R.S. 33:1.31.2 and .13:2-%) Provide Agency Dooket No.:[NN] poll P" po" pq Page 7 PLEASE TYPE OR PRINT ALL INFORMATION 046 .008 STATE ASSIGNED LICENSE NUMBER _� '----.IIER THE FOLLOWIN ALL OTHER THAN CLUB LICENSE ANSV I 7.1 DOES THE APPLICANT, A MEMBER OF THE APPLICANTS IMMEDIATE FAMILY (SPOUSE, CHILDREN, OR -ANY PERSON WITH A BENEFICIAL INTEREST IN THE SUBJECT PARENTS, IN-LAWS OR SIBLINGS} HAVE ANY INTEREST IN ANY OTH8R NEW JERSEY ALCOHOLIC LICENSE OF THIS APPLICATION, BEVERAGE LICENSE? XX Yes No IF THE ANSWER IS OYES, COMPLETE THE FOLLOWING BY LISTING THE NEW JERSEY LIQUOR LICENSE TWELVE DIGIT NUMBER(S) AND THE NAME(S) OF THE PERSON(S) OR CORPORATIONS) WHO HO ) SUCH INTEREST. USE ADDITIONAL PAGE(S) 7 AS NEEDED. 0409 44 001 006 A. License Number Name -me Hill Wine and Spirits Inc w� Name , Middle 161dal or Corporate Name) (Lost Name, First ReWflonship to Applicant Bz;0 B. License Number 201 44 Q71 Qn5 Cberry .Hill Wine and Spirits Inc. Name (Last Nam, Find NmOo Middle Initial or Corporate Neff*) RebffiomNp to Applicant Brother C. •UcenseNumber 0252 44 - A3, E.G, Holding Corporation Inca Nam (Last Name, First Name,- Middle Inial or Corporate Nam) Relationship to Applicant Self Robert Treue 72 WOULD ANY PERSON OR CoRpORAIJON NAMED IN TRIS APPUCA"nON FAIL TO QUALIFY FOR OWNERSHIP OF THE LICENSE IF APPLYING -AS AN INDIVIDUAL BECAUSE OF AGE, CRIMINAL CONVICTION OR PROHIBITED INTERESTS IN OTHER LICENSES? xx Yes No (ES,, ANSWER THE FOLLOWING BY INSERTING THE NAME OF THE INDIVIDUAL IF THE ANSWER IS " , OR CORPORATION AND THE SOCIAL SECURITY NUMBER AND DATE OF BIRTH; F AN INDIVIDUAL USE ADDITIONAL PAGE(S) 7 AS NEEDED. Nam (Last Name, First Nan -al Middle Initial or Corporate Name) Social Security NumW OR NJ Saide Tax Certificate of Authority No. Date of Birth Page -PLEASE TYPE OR PRINT ALL INFORMATION 0722 44 046 008 STATE ASSIGNED LICENSE NUMBER ALL APPLICANTS ANSWER THE FOLLOWING DOES THE APPLICANT OR ANYONE MENTIONED IN THIS APPLICATION OWE THE STATE -- OF NEW JERSEY OR THE UNITED STATES ANY LICENSE FEE, PENALTY, INTEREST OR ALCOHOLIC BEVERAGE TAX WHICH HAS -ACCRUES PURSUANT TO Tj-IE ALCOHOLIC BE TAX LAW..THE ALCOHOLIC BEVERAGE LAW OR ANY OTHER.NEVJARSEY OR, FEDERAL LAIAR Yes -NoIS IT BEIN . G REQUESMD TO BE ISSUED, FOR A HOTELIMOTEL AS AN OR 82 HAS THE LICENSE SEEN ISSUED, UNDER THE PRO\nSIONS OF R.S. 33-1-1120? EXCEPTION R THE POPULA:nON RESTRICTION Yes No IF THE ANSWER IS `YES; IS IT FOR A HOTELIMOTEL FACILITY OF 60 OR 100 ROOMS? CHECK ONE: _w".0ow— 50 ROOMS I OQ ROOMS EXCEPTION TO T4 TWO 8.3 HAS THE LIOENSE BEEN ISSUED$- OR IS IT BEING REQUESTED To BE ISSUED, AS AN LICEW I -IMITATION LAW (R.S: 33:1-12.32) FOR A HOTEUMOTELs RESTAURANT, BOWLING ALLEY O.R INTERNATIONAL AIRPORT? yes - KX No HOTELIMOTEL IF THE. ANSVV�R IS'YES," CHECK ONE OF THE FOLLOWING : INTERNATIONAL AIRPORT RESTAURANT BOWLING ALLEY 0.0..Pww� THE FOLLOWING A ARE TO BE ANSWEREa WHEN APPLICATION IS FOR A LICENSE TRANSFER. -8.4 LICENSE NUMBER SOUGHT To BE TRANSFERRED 8.5 IF THIS IS A REQUEST FOR A PERSON-TO- PERSON TRANSFER, INSERT NAME(S) OF PERSON (Last Name FhM, PARTNERSHIP OR CORPORATION CURRENTLY HOLDING THE LICENSE: d P ( Last Nwwj Flimt Name, Middle'Inflial or Corporate Nww) 8.8 IF THIS IS A REQUEST FOR A PLACE -TO -PLACE TRANSFER OF A POCKET LICENSE (NO SATED PREMISES), MARK AN X HERE: mmaw� EADDRESSOFTHE IF THIS IS A REQUEST FOR A PLACE -TD -PLACE TRANSFER OF A SITED LICENSE, INSERT TH. CURRENT SITE FROM WHICH THE LICENSE IS TO BE TRANSFERRED. Stet Addrau Number Street Name MunIckxAw New JersW Zip TRANSFER. THE FOLLOWING ARE TO BE ANSWERED By APPLICANTS FOR A NEW LICENSE OR A LICENSE 8.7 INSERT THE ANTICIPATED DATES MEN pUBUC NOME OF APPLICATION WILL BE PUBUSHED. PUBUCATION MAY NOT BE SOONER THAN THE DATE OF FILING OF THIS APPLICATION. .Date of first nolice Date of second roe 8.8 NAME OF NEWSPAPER TO PUBLISH N0llCFv NCE OF CORPORATE 8.9 THE FOLLOWING ARE TO BE ANSWERED By CORPORATIONS REPORTING A CHA STRUCTURE W-IEREIN A NEW STOCKHOLDER ACQUIRES MORE THAN 1 PERCENT OF THE STOCK OF THE UCENSED COMPANY -(ONE PIJBUCAMON OF NOTICE REQUIRED). Dati of nolce Name of newspaper pubfishing nok* THE FOLLOWING QUESTIONS ARE TOR CLUB LICENSE APPLICANTS ONLY: N IN THE STATE OF NEW. JERSEY Fog AT LEAST TliftEE YEARS s.lo- HAS THE C F IN ACTIVE OPERATION W v WMEDIATELY PRIOR To THE SUBMISSION OF ITS APPLICATION FOR A LICENSE? co UbUSLY Yes NEEMENNEMM" No ell IS THE APPLICANT A CONS-nTUEWt UNIT, CHARTERED OR OTHERWISE DULY ENFRANCISED *CHAPTER OR MEmsER CLUB OF A NATIONAL OR STATE ORDER? Yes 6....wwwmm� No 8.12 HAS -THE CLUB HAD EXCLUSIVE POSSESSION AND USE PF CLUB QUARTERS FOR THREE CONTINUOUS YEAR• S? GEEMMMMME04--yes ...No 9.13 'DOES THE CLUB HAVE AT LEAST 60 VOTING MEMBERS? Yes Page 9 PLEASE TYPE OR PRINK' ALL. INFORMATION 0722 44 046 008, STATE ASSIGNED LICENSE NUMBER ...... • - ....�..�... ---.----- ALL APPLICANTS ANSWER THE FOLLOWING . 9.1 DOES ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR ASSOCIATION QTHgB.Tdffi THE APPDANT HAVE AN INTEREST Di� I IR TAY IN THE LICENSE APPLIED FOR OR IS THE STOCK OF ANY ^ STOCKHOLDER HELD IN ESCROW OR PLEDGED IN ANYWAY? Yes � No IF THE ANSWER IS "YES,` ANSWER THE FOLLOWING USING A SEPARATE PAGE -9 FOR EACH INDIVIDUAL OR CORPORATION OF -INTEREST. ATTACH A SEPARATE PAGE OF EXPLANATION IF MORE SPACE 15 NEEDED. Name of lndWual (Last Name First) or Corporation (Unt Name, First Nme, Middle initial or Corporate Name) ' Social Security Number - - OR . NJ Sales Tax Cer"Cals of Authority Number . Street Address Number Street Name • state P.O. ' P.O. Box # Munidpailty Zip Describe Nature of Interest 9,2 DOES ANY INDIVIDUAL, PARTNERSHIP,•CORPORATION OR ASSOCIATION FOLD ANY CHATTEL MORTGAGE OR • CONDITIONAL BILL OF SALE OR OTHER SECURITY INTEREST ON ANY FURNITURE, FIXTURES, GOODS OR EOUIPMENT TO BE USED IVfONNEC11ON WITH THE BUSINESS TO BE OPERATED UNDER THE LICENSE APPLIED FOR? Yes No • IF THE ANSWER IS'YES' ANSWER THE FOLLOWING USING A SEPARATE PAGE 9 FOR EACH INDIVIDUAL OR CORPORATION TO BE REPORTED. ATTACH A SEPARATE PAGE OF EXPLANTATION IF MORE SPACE IS NEEDED. Name of Irdvidual (Lad Name Fho or Corporation (Lest Name, First Name, Middle Initial or Corporate Name) Social Security Number 40- OR �+ NJ Sales Toc Ceriifixo of Authority Number Street Address Nonber Street Name P.O. Box # MurNdpaDy State . F" w , P Describe Nature'of Interest . �..� 9,3 HAS THE APPUCANT AGREED TO PERMITANYONE NOT HAVING AN OWNERSHIP INTEREST IN THE LICENSE TO • DECEIVE ORAGREEDTO PAY ANYONE (BYWAY OF RENT, SALARY OR OTHERIMSE) ALL OR ANY PERCENTAGE . • OF THE GROSS RECEIPTS OR NET PROFIT OR INCOME DERIVED FROM THE BUSINESS TO BE CONDUCTED UNDER THE LICENSE APPLIED FOR? ,_Yes ja. No . IF THE ANSWER IS'YES; ,ANSWER THE FOLLOWING USING A SEPARATE PAGE 9 FOR EACH INDIVIDUAL OR CORPORATION TO BE REPORTED. ATTACH A SEPARATE PAGE OF EXPLANATION IF MORE SPACE IS NEEDED. - ' Narne of Individual (lad Name First) or Corporation ^ M�Idle Lrtlfiial ' Last Nance First Name . Solo( Security Number - w OR . NJ Sales Tax Cerilficate•of Authority Number . Street Address Number Street Name P.O. Box # Murilcipalty State • ZIP 40 Describe filature of lnfie $9 ■,■, APPLICANTS THAT ARE SOL.L PROPRIETORS OR PARTNERSHIPS GO TO PAGE 10A. CORPORATIONS AND LIMITED L.IABIUTY COMPANIES COMPLETE PAGE 10. ^ P" OR Page 10 PLEASE TYPE OR PRINT ALL INFO Rk WnON STATE ASSIGNED LICENSE NUMBER 0722. 4 046 .008 QUESTIONS TO BE AN$"WERED BY CORPORATIONS AND LIMITED LIABILITY COMPANIES ONLY. ANY CORPORATION OR LIMITED LIABILITY COMPANYTHATIS REPORTED TO HAVE -AN INTEREST IN THE BUSINESS TO 13E LICENSED, WI&HERTHE LICENSEE COMPANY* THE PARENT CORPORATION OF THE LICENSED COMPANY, HOLDING COMPANY OR OTHERWISE AFFILIATED IN THE CORPORATE CHA1Nj.MUST ANSWER THE FOLLOWING USING A SEPARATE PAGE 10 AND PAGE 1 OA FOR EACH CORPORATION. ANSWER OUESTIONS, ON BOTH PAGE 10 AND PAGE 10A FOR EACH CORPORATION. 10.1 Nems ofcorImradonE.Q. H�IA4nz Qrparkd-nn Inc- pw6ofh""Office 370 Chestnut Street • 10.2 ftlot add ennnw� Number 'Steet Name Aunk4palfty Union NJ zip 07083 Stalls 10.3 NJ Sales Tax C90cate of Auth0ftY Number 22315865Q 10.4 IF CORPORATION ADDRESS IN NUMBER 10.2 ABOVE IS.OUT OF STA17EC REPORT BELMiq THE ADDRESS OF AMY OFFICE LOCATION IN NEW JERSEY. INSERT NIA IF NOME. Street Address N/A Number Street Nam Munidpaky Now Jersey zip . 10.6 IS THE CORPORATION -NOW AN MSTING, VALID CORPORATJON? XX Yes No Jane 17 1995 STATE NX 10.6 DATE OHAR• TERED OR INCORPORATED • 10.7 CERTIFICATE OFINCORPORATION NUMBER 0100612883 10.8 IF NOT INCORPORATED UNDER THE LAWS OF NEW JERSEY, HAS THE CORPORATION RECEIVED AN AUTHORIZATION TO CONDUCT BUSINESS IN. NEW JERSEY FROM THE NEW JERSEY OFFICE OF THE SECRE I ARY OF STATE? Yes No 10.9 HAS THE CORPORATION CH45TER EVER BEEN REVOKED BY THE OFFICE OF THE SECftETARY OF STATE IN NEW JERSEY? ... Y95 NO IF THE ANSWER IS "YES; INSERT THE DATE OF REVOCATION, OR IF SUSPENDED, THE BEGINNING AND ENDING DATE OF THE SUSPENSION. Date of rmcation Begtnnlng date Ending date 10.10 INSERT THE NAME AND ADDRESS OF THE REGISTERED OR AUTHORIZED AGENT IN NEW JERSEY UPON WHOM SERVICE OF PROCESS IN -ANY PROCEEDINGS AGAINST THE APPLICANT PURSUANT TO THE NEW JERSEY ALCOHOLIC BEVERAGE LAW1 THE ALCOHOLIC BEVERAGE TAX LAW OR PROCEEDINGS IN A STATE OR U.S. DISTRICT COURT, MAY BE MADE. . 0 0 Name— B.G. Holding, Corporation Ince c/o Stephen Rehl* Eage. (Last Name, First Now, Middle Initial or Corporagon) Sbq6t Address 370 Shestnut Street, B. 0. Box 807 Number Shoot Name Mur cKipaiky 'Union Now Jersey Telephone Number (_ 908 #;82- 7000 Area Exchange Number • 10.11 IF THE LICENSED COMPANY IS OWNED By OTHER CORPORA11ON(S) OR IS IN ACORPORATE CHAIN, AVACH A DIAGRAM DEPICTINGTHE CORPORATE RELATIONSHIPS AND THE PERCENTAGE OF STOCK INTEREST IN THE -A COMPANY TO BE LICENSED, OVMNED By OTHER CORPORATIONS OR OTHER NON -CORPORATE ENTITITES • {INDIVIDUALS, PARTNERSHIPS, ASSOCIATIONS). W" D PM I PM ! Pale 10APLEASE TYPE OR PRINT ALL INFORMATION STATE °ASSIGNED UCENSE NUMBER672244 046 0 .ALL APPLICANTS ANSWER THE FOLLOWING JACO PAGES AS NECESSARY) SOLE OWNERS AND PARTNERSHIPS: Complete this pa9e in full. LIMITED PARTNERSHIPS: All information about a general party or partners of a Iim ted partnership ,must'bs reported, vvheti�er the general partner is n In ls+i ua1 or a corporation. A list o the names and addresses of all limited partners must be submitted as an attachment to this appli on with an identification of ft percentage of each limited partner as it relates to total ownership of the business entity to be licensed, CORPORATIONS: All corporate applicants or licensees and any corporafion that has an ownership intent in the corporation ander *license or to be licensed must have been reported on Page 10. Info rrn on on this Page, 10& will identify all officers, directors and ma i l ens holdlr one percent flr more csf the shares ofthe r�especl v+e +company. Club 1icenses must Cwt names -of officers and directors and attach a c urmnt membership list a NAME, OF CORPORATION OR CLUB COWERED -BY THIS PAGE (COMPLETE ONLY <JF APPLICANT OR STOCKHOLDER IS A CORPORATION OR PARTNERSHIP): &G, Holding corporation Inn 4 Name of individual Mast name forst), stock lder, peer, officer or.director. gone Robert L Last Name Middle initial Lorne Stat Address Number StreetName P.O. Box*,— Municipality State jw ZIP--•-A { SodW ,Secy 'Number Date of Birth Home telephone number { Ar" Exchange Number OffiiQe telephone number 301 � . � 9 � - 1000 Am Exchange Number of business owned or controlled 100% Number of shares 100 Chemo posifion that applies: Sole owner _____W_. Partner „, ftckholder PresidentMica-PresidentXX XXetar Treasurer Director Tutee Manager Agent ExecutorlAdministrator __ Receiver Beneficiary ether (specify) Name of Individual Mast name first) , stockholder, partner, officer or director. ./'A Last Name First dame Middle Initial Home Street Address Number Street Name P.O. Box Municipally She z7 Social Security Number - - mate of Birth Horns telephone number- Area Exchanoe dumber Offiic;e telephone number Area Exchange Number 'Q of business owned or controlled dumber of shares .Check position that applies: Sale owner ;� Partner ,.,�..,. Stockholder President Vc&-President �.. Secnr ► _____ Treasurer ____-- Director Trustee : Manager Agent- � Executor/Adrninistmtor � Receiver Beneficiary .�._...� Comer (specify) r Y t .••r Page 11 PLEASE I'C'E OR PRINT ALL INFORMATION 072244 046 008 AFFIDAVIT STATE ASSIGNED LICENSE NUMBER ..,........_ - - .�.. LICENSE PERIOD 2013 TO 2014 DAT APPLIED FCiR FROM z. ) State of } • j SS: County of t° } As provided by law (F;LS. 33:1-35), (Chec* One) ' 1. The individual Applicant . 2. Mwnbers of the Partnership ApplIcOnt , Robert L. Trane Of E.G. Hold!a Cor oration Inc 3. (Presidengi oe-Pr+esideno (Corporation or Club Name) . corse rlC ) s thatthe licensed proms and all portions of the bujld*jpg consti dng the ooensed premises, Inch Ing ail roams, cellars, doseft, . out -bind s, ,vaults, yards, attics and every part of the Ou*w of which the fiasnsed pratnlSes are a part and a9 bLdidings �+ ,�9 P� vvhtch �+e in h 'u passesst�on or under hi�lhet�the� t�uttrol, may be and searched � , used in cannedi his or ham' duly authonzed �lepuires, inspecttxs yr warrant at all hours by the Db�ecbor of 'the Divisian of Aloohallc' Bmrage Cil, depose(s) and irwn ators and all other sworn law enbtement of 1mrs, and being duly sworn aaoording to law, upon hla/1-mr/11 eir oath(s), Is � that In instance of �cuorporabe ownersh1a, the signator � say{s}�fhat he/she is {they are) the Persons} d'uly.authd to sign the appac�tion, co of this a �c+�on c�pleie authwrized by resolution to sign on behalf of the owporstow and that the ntw is PP . disclosure of the fact, and that the content of this application are true. {Signature of Individual Agent 1 Sots Proprietor) (Corporations 0*) +� Attestation by Corporate Secretary (Partnership Nance) (Sigmture of Partner) Aftest M.G. Holding Corporation Inc. . Corporate Name ,,,. (Signature of Partner) 8Y' Secretary (Signature of Corporate President or vft President) {Signature of PDAW0 Signature Affix Corpwm Seat {Signature of Partner} Swum to and subscribed befom me this day of 20 . CHERYL X COLE AFFIDAVIT DUST BE SIGNED MERE ► NOTARY PU13LIC (Signature o r mkistering Jath) = 0711112015 eo By DULY, WrHORIZED e, NOTARY PUBLIC (Printed N of Officer Administering 061) 2,zXl 570 • OR AN ATTORNEY-AT-LAW &64- l OF NEW JERSEY • Offer of inletering Oath) {Dabs of Expiration of • f omrnjswon. if applicable} ' ow ■ 0 "A 1 I.0005 JOHN J. HOFFMAN ACnNG A 7TojwEy GEwEjuL MICHAEL I. HALFAcRE DI,RF,MR This letter acknowledges your recent. inquiry concerning the above-named licensee, a search of our Computerized Violations/Compliance System's limited records concerning State initiated disciplinary proceedings discloses the following. -RecOrd of any current or pending suspension or revocation, or payment duo of a monetary penalty.... YES D sciplimry proceedings or other action currently contemplated by the Enforcement Bureau,.... ' -Record of current open disc pl ary procccd ngs i.e., charges preferred; open OAL Case, e....,. YES -Record of prior disciplinary action taken by this Division...,.. DOTE. If ""des" to any of the above, please see attachment. This search will not mi clude any matter currently under investigation by the ABC Investigative Bureau, if :a report of investigation concerning such matter has not yet been forwarded to this Division. Additignallyt this search does not address disci lira ► actions taken by the local issuing auth+ori z uestions concerning same should beaddressed jo,that issuing a'uthorl This search does not address anX 1?ossible outstanding alcoho ic bevergt inw is s dupe and owln to New Jers+eX "" h„�ulesale�ra It should be r+ot�ed that failure to timely pay aicoho. lir beverage invoices will cause a retail licensee to he placed on C.O.D. status and this status will remain on the license through a transfer until such time. it is satisfied, N.1..A.C. 13:2-24.4. Credit delinquency iinfomation can be obtained from any wholesaler servicing the retail account. Arrangements should. be made to satisfy these obligations at the time of sale, or the new owner will also be on C.O.D. status. Very truly yours, SLE.. ISELir1AN ASS NT A ORNEY GENERAL -IN -CHARGE ENFORCEMENT BUREAU ,TG:ls 140 EAST FRONT STREET, P,O. Boss 087, TxEhioN, NEw JmEv 08625-0087 C4 Licensij Wff]SAY Eou.4L 0PP oR7V.vrrY PL0YRP • PAWED ONJECYCLED PAPER, ND WrC O CHS CHRISTIE S TATE of NEW JERSEY OM CE of Tia ATTORNEY GENERAL Kim GUADAGNO DEPARTMENT OF LAW AND PUBLIC SAFETY Lr. GoYF"RWR l►IVISION CIF ALCOHOLIC BEVERAGE CONTROL P.O. Box 087 TRENTON, NJ 0.8625-0087 PHONE. (609) 984.2830 FAX: (609) 633-6078 'VlrWW.NJ. COV/OAG1AW November 8, 2013 Jacob Steen, Esq. EG Holding Corp,, Inc. Larkin, Hoffinan TIA Total Wine and More 7900 Xeres Avenue S, 4 1500 135 Kinderkamack Road Minneapolis, MN 5 431 River edge, New Jersey 07661 License umber 0252-44-00.5-003 I.0005 JOHN J. HOFFMAN ACnNG A 7TojwEy GEwEjuL MICHAEL I. HALFAcRE DI,RF,MR This letter acknowledges your recent. inquiry concerning the above-named licensee, a search of our Computerized Violations/Compliance System's limited records concerning State initiated disciplinary proceedings discloses the following. -RecOrd of any current or pending suspension or revocation, or payment duo of a monetary penalty.... YES D sciplimry proceedings or other action currently contemplated by the Enforcement Bureau,.... ' -Record of current open disc pl ary procccd ngs i.e., charges preferred; open OAL Case, e....,. YES -Record of prior disciplinary action taken by this Division...,.. DOTE. If ""des" to any of the above, please see attachment. This search will not mi clude any matter currently under investigation by the ABC Investigative Bureau, if :a report of investigation concerning such matter has not yet been forwarded to this Division. Additignallyt this search does not address disci lira ► actions taken by the local issuing auth+ori z uestions concerning same should beaddressed jo,that issuing a'uthorl This search does not address anX 1?ossible outstanding alcoho ic bevergt inw is s dupe and owln to New Jers+eX "" h„�ulesale�ra It should be r+ot�ed that failure to timely pay aicoho. lir beverage invoices will cause a retail licensee to he placed on C.O.D. status and this status will remain on the license through a transfer until such time. it is satisfied, N.1..A.C. 13:2-24.4. Credit delinquency iinfomation can be obtained from any wholesaler servicing the retail account. Arrangements should. be made to satisfy these obligations at the time of sale, or the new owner will also be on C.O.D. status. Very truly yours, SLE.. ISELir1AN ASS NT A ORNEY GENERAL -IN -CHARGE ENFORCEMENT BUREAU ,TG:ls 140 EAST FRONT STREET, P,O. Boss 087, TxEhioN, NEw JmEv 08625-0087 C4 Licensij Wff]SAY Eou.4L 0PP oR7V.vrrY PL0YRP • PAWED ONJECYCLED PAPER, ND WrC O "M Department of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking System - Inquiry By License Number Prior Cases Against License # 025244,005 Case M. 02.31533 Llano Name: E 0 Holding Corporation Inc H N: 2002-0094 Ueense Me 025244005003 DAG: Kovin Mam Schatz Trading Aa: Totel Wine and More Prior DAG; Disposition: FLS - Penalty Mysev 30 Fine Amt: $250,000.00 MPOSit Not = 96 % comments -0 $250000 ilo 30 day suspension Fine Letter Sent Date's Case C10390 Date's 0 Charge Letter Sent Date: OAL To Date,, chs Charge Desedp Charge DisggLiffign: Cha rU.Yjqjmtl2 BOOKS24 FAILURE To MAINTAIN/pRODUCE TRUE BOOKS OF A FLS 7=002 fvMq faq y� 1q" r" I" &Q Friday, Novanber 09, 2013 Par I Of I ra" I" r" 0 0 MI rmi P" Fags 1 of Friday, Nobe` 08, 2013 1 F" Department of Law & Public Safety Division of Alcoholic Beverage Control Case Tracking System -, Inquiry By License Number Prior Cases Against License # 040944-001 Case f1; 91-18763 License Name: Vineyard Liquors Inc H ##: 07391-041 License N: 040944001003 Uc Goo: 003 DAG: Jose Rodriguez Trading As: Vineyard Liquors Prior DAGO Fine Amt: $500.00 Deposit No: 92832676 Disposition: FLS Penalty Days: Comments: FLS $340 ILO 10 DAYS Pine Letter Sent Date: Case Closed Dates 04/27/1992 Charge Letter Sent Date* OAL To Date: 11/27/1991 Char e s : srQ�e olation Charas Disttoslti Vi Charge I�escr tion: ... _ ..�. .r.... STAMP NO FEDERAL TAX STAMP OR INDICIA OF PAYMENT FLS 7/17/1991 PULA SALE OF ALCOHOLIC BEVERAGES TO A PERSON UND FLS 7/17/1991 I" r" 0 0 MI rmi P" Fags 1 of Friday, Nobe` 08, 2013 1 F" APPLICATi 2 , • CSN FORS 2013 - 2Q14 FiE AL APPLICATION two0ou TlR.: STATE OF NEW JERSEY Action ID Cade DEPARTMENT OF*LAW AND PUBLIC SAFETY [ l [ l I I [ I FEE: DIVISION OF ALCOHOLIC BEVERAGE CONTROL A W D U DATE:RETAIL LIQUOR LICENSE APPLICATION ., • . ST AS I, ED LICENSE NUMBER DA APP CATI FILED: [For DIVISION use only CODE TYPE OF LICENSE (CHECK ONE) THIS APPLICATION IS FOR: , • M A New License Person to Person Trans '- (Incl. Partnershlp ch , . ex ept Ltd. Pm'ershcp Place to Place Transfer . (Including expansion of premises) Change of Corporate Structure EAenslon of License a Executor, Recelm, Adrnini or, etc.) __U Renewal of License Amendment of Application on File Other 43 Limited Retail Distribution . OTHER ' 14 Annual State Pennit 0252rA054V3 (R.S. 33:142, NJAC 132-52) E G HOLDING CORPORATION INC 40 Special Permit fora Golf FacilityT/A TOTAL WINE & MORE �+ 4.' �''• . tNJAc 13;2-b) 135 KINDERKAMACK RD s •s tr, RIVER EDGE NJ 07561 : • ; . This Area is Ret r' ° • •� Municipal Fee $ oo EffecOve Date ! , 'AAs Stated In Resolution. Date of resolution unless otherwise e Fa, State Fee 0 a,�„_,,,,_ Date Denied 1 1 (As Mated In Resolution) ,.� Refund Amount $ . Special Conditions Attached: Yes No . Type or Print Name (!Cast name, first, middle IhMal) of Municipal Clerk or ABC Signage of Munidpal Oren( or ABC Socrtary . �1 ti vtary m. . m 221M no's -.3301-41004 CLASS C LICENSES ", 33:142] 31 Club 32 Plenary Retail Consurnon . �°•+ w/Sroad Package Privilrege 33 Plenary Retail Consumption 36 Plenarry�Retail Consumption (Hofewotel Exception) 37 Plenary Retail Consumption • Crheatre Exception) 35 Seasonal Retail Consurrtp#ion (November 15 through April 30) 34 Seasonal Retail Consurnpton Q ft 1 through Nov. 14) 44 XX . Plenary Retail Distribution THIS APPLICATION IS FOR: , • M A New License Person to Person Trans '- (Incl. Partnershlp ch , . ex ept Ltd. Pm'ershcp Place to Place Transfer . (Including expansion of premises) Change of Corporate Structure EAenslon of License a Executor, Recelm, Adrnini or, etc.) __U Renewal of License Amendment of Application on File Other 43 Limited Retail Distribution . OTHER ' 14 Annual State Pennit 0252rA054V3 (R.S. 33:142, NJAC 132-52) E G HOLDING CORPORATION INC 40 Special Permit fora Golf FacilityT/A TOTAL WINE & MORE �+ 4.' �''• . tNJAc 13;2-b) 135 KINDERKAMACK RD s •s tr, RIVER EDGE NJ 07561 : • ; . This Area is Ret r' ° • •� Municipal Fee $ oo EffecOve Date ! , 'AAs Stated In Resolution. Date of resolution unless otherwise e Fa, State Fee 0 a,�„_,,,,_ Date Denied 1 1 (As Mated In Resolution) ,.� Refund Amount $ . Special Conditions Attached: Yes No . Type or Print Name (!Cast name, first, middle IhMal) of Municipal Clerk or ABC Signage of Munidpal Oren( or ABC Socrtary . �1 ti vtary m. . m 221M no's -.3301-41004 III F" E. P" f" °' L 2.6 THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS OTHER THAN APPUCANTS FOR A NEW LICENSE - A. IS THE LICENSE ACTIVELY USED AT AN OPERATING PLACE OF BUSINESS? XX Yes No B. IF NO, GIVE THE DATE THE BUSINESS STOPPED OPERATING (OR THE DATE THE LICENSE WAS ORIGINALLY ISSUED IF NEVER SITED AT AN OPERATING BUSINESS): C. IF THE LICENSE IS INACTIVE AND THE APPLICATION IS FOR A TRANSFER, WILL THE LICENSE BE USED AT AN OPERATING PLACE OF BUSINESS AFTER APPROVAL? Yes No 2.7 THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY AN APPLICANT FOR A NEW LICENSE: A. WILL THE LICENSE, BE USED AT AN OPERATING PLACE OF BUSINESS IMMEDIATELY UPON ISSUANCE? Yes No B. IF NO, PROVIDE ANTICIPATED DATE OF LICENSE ACTIVATION: Page A - PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER 0252 44 005 003 Application Is made on behalf Of. 2 1= An Individual 2 - SuWnesa Co oration 7 LbdW UabFdy Company 3 = A Partnership 4 UpJnoorporated Club 5 = Inwwrated Club 6 M Limited Partnership 2.1 NAME(S) AS IT DOES OR WILL APPEAR ON THE LICENSE CERTIFICATE (NOT TRADE' NAME): License may be held by Individual (Last Name, First Name, Middle Initial), PartnersWp or Corpomflon. Roldja&_Cox poration Inc$ .E.G. (Last Name, First Name, Middle Irdtial or Corporate Name) 2.2 ACTUAL ADDRESS INHERE THE LICENSE IS TO BE USED (SITED PREMISES), - Street Address -135 Kinderkaxack Rde ► Number Street Name Munldpallty River Edge ZIP 07661 Telephone number of business 26R__ 77 {L.�Area Exdwnge Number 2.3 If no Ilmnsed prernises exkb or If a melting addrw Is dffkmdtMn to aacW address" given above, provide the mailing addres (insert NIA I not IR/A P" StreetAddressNumber Street Name P.0, Box# Municipalk. State Zip . Telephone (__.....j ........ 2.4 New Jersey Sales Tax Certificate ofAuthortty No. 223358650000 2.5 TRADE NAME(S) UNDER WHICH BUSINESS IS To BE CONDUCTED. ALL TRADE NAMES MUST BE LISTED AND REGISTERED WITH THE N.J. SECRETARY OF STATE cif a corpongon) OR COUNTY CLERK [if a partnership or sole proprietor Total Wine & More F" E. P" f" °' L 2.6 THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS OTHER THAN APPUCANTS FOR A NEW LICENSE - A. IS THE LICENSE ACTIVELY USED AT AN OPERATING PLACE OF BUSINESS? XX Yes No B. IF NO, GIVE THE DATE THE BUSINESS STOPPED OPERATING (OR THE DATE THE LICENSE WAS ORIGINALLY ISSUED IF NEVER SITED AT AN OPERATING BUSINESS): C. IF THE LICENSE IS INACTIVE AND THE APPLICATION IS FOR A TRANSFER, WILL THE LICENSE BE USED AT AN OPERATING PLACE OF BUSINESS AFTER APPROVAL? Yes No 2.7 THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY AN APPLICANT FOR A NEW LICENSE: A. WILL THE LICENSE, BE USED AT AN OPERATING PLACE OF BUSINESS IMMEDIATELY UPON ISSUANCE? Yes No B. IF NO, PROVIDE ANTICIPATED DATE OF LICENSE ACTIVATION: Pager 3 PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER �.,�_ - � •-.Q,Q.'�r, The fblw* g questions Identify Infarmntion about the licensed ptrernises. This dem the area or place which Is to be licensed for the sale, service, consumption, delivery, r+eeeipt or storage of alcoholic beverages. If the license is inactive and NOT SITED AT A PLACE OF BUSINESS, answerquesdon 3.1 only. entednij NIA for'nat apptic able.' [if you use WA as a responselo question 3.1, question 22 on Page 2 should also be ana mrad hWA.j 3.1 HOW MAW SEPARATE BUILDINGS ARE TO BE INCLUDED UNDER THIS LICENSE? If more than one building is to be included ander this license+ a separate Page 3 Is 10 be submitted cove dng each building. An up -to -da% sketch the entire licensed premises should be submitted for Inclusion In the State ABC license file. ' 32 BUILDING NO. OF TO SE LICENSED. 3.3 IS THE ENTIRE BUILDING TO BE LICENSED? Yes No If the answer to question 3.3 IS "No," specify which floors are to be under license and which ones we not by enswedng the fotiowing questions: ' S.4 Basenraant Yes ___�... No All of it „ Yes No 1't ttoor Yes No All of it Yes i No 2"d floor _ Yes No All of h Yes No Vd floor Yes � No AJI of it � Yes No Specify each additional floor number to be included under this license: If only part of any floor Is to be licensed, attach a mons detalled explanation with sketches to early delineate licensed areas from unlicensed areas. 3.5 AREANY GROUNDS ADJACENTTOTHE BUILDING UNDER LICENSE TO BE INCLUDED AS PART OF THE LICENSED PREMISES? Yes XX No 3.8 IS THERE ANY UNLICENSED AREA LOCATED BETWEEN BUILDINGS UNDER THIS LICENSE OR BETVVEEN LICENSED ADJACENT GROUNDS? - - Yes XE No IF THE ANSWER IS DYES; ATTACH A SKETCH OFTIiE LICENSEDAND UNLICENSED AREAS SLOWING DIMENSIONS • IN FEET. 3.7 DOES THE APPLICANT OVVN THE BUILDING? _ Yes . X No IF 'YES; IS THERE A MORTGAGE ON THE BUILDING? 'Yes No DOES THE APPLICANT LEASE THE BUILDING? ,xx Yes No If there Is a MDrtgsge on the property, answer question 3.8. If the licensed premise is leased, answer question 3.9. 3.8 MORTGAGEE (HOLDER OF MORTGAGE): _ A - (Last Name, First N , Middle Initial or Corporate Name) Stet Address - Number Stmet Name P.O, Box # Municipality State Zip 3.9 ' LANDLORD (HOLbER OF LEASE): ESTATI OF E. L (Last Name, First, Nance, Middle Initial or Corporate Name) . StreetAddress CIO Premier Assoc., 574 Grand Ave. Number Street Name . P.O. Box # MunicdpaltkyEngl;wo;,d State NJ Zip 07531 Von f" L__7 POR 0" P89914 PLEASE TYPE OR PRINT ALL INFORMATION 0252 44 005 003 STATE ASSIGNED LICENSE NUMBER ..... Iwo 4.1 IS THE NEMEST ENTRANCE OF THE PLACE TO BE LICENSED WITHIN 200 FEET OF THE NEAREST ENTRANCE OF ANY CHURCH OR SCHOOL? Yes XX No IF THE ANSWER IS "YES,' IS A WAIVER -SIGNED BY THE APPROPRIATE OFFICIAL ATTACHED TO THIS APPLICATION? No 42 DOES THE APPLICANT INTEND TO USE ANY VEHICLES FOR THE TRANSPOkT OR DELIVERY OF ALCOHOLIC BEVERAGES? Yes jX. No (A TRANSIT INSIGNIA IS NECESSARY BEFORE dp, ALCOHOLIC BEVERAGES MAY BE TRANSPORTED.) 4.3 HAS THE APPLICANT FILED AN ANNUAL SPECIAL TAX REGISTRATION AND RETURN FORM (TTI3 F 5630.6) WITH THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU? xx ..0 Chvngo V i r. Yes No IF "YES," DATE FILED 630 1 2006 No Change in existing registration info 4.4 WILL ANY BUSINESS OTHER THAN THE SALE OF ALCOHOLIC BEVERAGES BE CONDUCTED ON THE PREMISES TO BE LICENSED? XX Yes No IF THE ANSWER IS 0YES,5 INDICATE THE NATURE OF THE BUSINESS AND WHO WILL CONDUCT IT BY RESPONDING TO THE FOLLOWING QUESTIONS: Restaurant Applicant Other Catering Applicant Other Hotel/Motel Applicant Other FE9 Amusements .Applicitnt Other N.J. Lottery �,Appffcant Other Grocery or Delicatessen. Applicant Other XX Other {specify) Applicint Other item allowed under 12.3A 4.5 IF SOMEONE OTHER THAN THE APPLICANT WILL OPERATE THE OTHER BUSINESS ON THE LICENSED PREMISES, ANSWER THIS QUESTION. IF THERE IS MORE THAN ONE INDMDUAL OR COMPANY, ATTACH A SEPARATE PAGE LISTING THE REQUESTED INFORMATION FOR EACH OPERATOR. Business to be operated Name of companyAndividual N/A (Lag Name, first Name or Corporate Name) Street Address Number Street Name Municipality state ZIP NJ Sales Tax Cei fificate of Authoft No. own ---- rim P1199,5 PLEASE TYPE OR PRINT ALL INFORIVIA110N ,___�„_ 0252 4W 44 005. 003 STATE ASSIGNED LICENSE NUMBER ALL APPLICANTS ANSWER THE FOLLOWING 5.1 IS THE APPLICANT OR ANY OTHER PERSON MENTIONED IN THIS APPLICATION A POLICE OFFICER OR HOLD ANY POSITION ENTRU$TED WITH THE ENFORCEMENT OF ANY LAWS CONCERNING ALCOHOLIC BEVERAGES IN ANY MANNER, WHATSOEVER? Yes XX No If the answer Is 'Yes,' complete the following: Name of IntWIdual Last Name First Name Middle Initial Title of position hold Name of Employing Agency 6.2 DOES THE APPLICANT OR ANY OTHER PERSON MENTIONED IN THIS APPLICATION, OR ANY PERSON HAVING A BENEFICIAL INTEREST IN THE LICENSED BUSINESS, HOLD OFFICE IN THE UNIT OF GOVERNMENT ISSUING THE LICENSE? Yes 'XX No IF THE ANSWER IS OYES." COMPLETE THE FOLLOWING: Name of Individual Narrer First Name Middle Initial Title of Office Municipality 5.3 DOES THE APPLICANT OR ANY OTHER PERSON MENTIONEd IN THIS LICENSE APPLICATION, OR ANYONE WITH A BENEFICIAL INTEREST IN THE LICENSED BUSINESS, DIRECTLY OR 'INDIRECTLY, HAVE ANY INTEREST IN ANY BREWERY, WINERY,, DISTILLERY, RECTIFYING AND BLENDING PLANT, IMPORTER OR VA-IOLES&E ALCOHOLIC BEVERAGE BUSINESS, AS OWNER, PART OWNER, LANDLORD, TENANT, MORTGAGE HOLDER OR AS A STOCKHOLDER, OFFICER, DIRECTOR, AGENT, EMPLOYEE OR OTHERWISE7 Yes X1 No IF THE ANSWER IS "YES' -ATTACH AN AFFIbAVIT EXPLAINING THE RELATIONSHIP AND NATURE OF THE INTEREST AND COMPLETE THE FOLLOWING: A. New Jersey license number, 9 applicable B. IF THE BUSINESS O QT HOLD A NEW JERSEY LIQUOR LICENSE, ANSWER THE FOLLOWING QUESTIONS: Name of entity conducting business (Corporation, Partnership or Individual) -(Last Name, First Narn-e-,MI le Initial or Corporate Name) Street Address Number Street Name P.O. Box # ammww==� Municipality state Zip Type of Business Ra! q Page S PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER 0252 - 44 . 005 , 003 ALL APPLICANTS ANSWER THE FOLLOWING 6.1 HAS THE APPLICANT EVER BEEN DENIED A LIQUOR LICENSE IN NEW JERSEY? Yes ,YXNo W THE ANSWER TO THIS QUESTION IS'YES," ANSWER TIME FOLOWiNG: Type of License or Permit Dented: Retali Wholesale Transpodafion Warehouse �. Manufadwer Unit of Govemment which denied License or Permit ` - We of Denial tappnoxanaie N not krx*rm) I t Reason for Denial 6.2 HAS ANY CORPORATION PARTNERSHIP OR INDIVIDUAL. MENTIONED IN THIS APPLICATION, OTHER THAN THE APPLICANT, SEEN DENIED A LIQUOR LICENSE OR PERMIT? r, Yes Yy No IF THE ANSWER IS'YES,' ANSWER THE FOLLOWING: Name of Entity Last Name First Name Middle Initial • Type of License or Permit lamed: Retail , Wholesale _ Tmnsportafion Warehouse Manufattumr Unit of Government which denied License or Pern* Date of Denial (appmxlmate if not known) / amen— Reason for Denial rte+ 6.3 HAS THE APPLICANT OR ANY OTHER PERSON, CORPORATION OR ENTITY MENTIONED IN THIS LICENSE APPLICATION, OR . ANYONE WITH A BENEFICIAL INTEREST IN IT, HAD AN INTEREST IN A NEW JERSEY • ALCOHOLIC BEVERAGE LICENSE WHICH WAS SURRENDERED. SUSPENDED OR HAD A PENALTY IMPOSED IN • LIEU OF SUSPENSION, NO ENEWED, REVOKED OR CANCELLED SIN THE 10 YEARS PRIOR TO THE DATE J'AYes � OF THIS APPUCATIOt�I? .._. .....No IF !F THE ANSWER IS "YES411 PROVIDE DETAILS OF EACH BELOW )Complete a separate Page 6 for each actor]: Name of Indvtdual Cheirry► Rill Wine & Spirits Ince Last Name Fest Name Wd{e Initial fe" DATE OF AC ON M�_ 1 _01 _.� 9, .,_ DOCKET N0. 06028-965PENALTY WAS IMPOSED BY: Division Of ABC • prdicate Mother by Division of ABC or identify Local Issuing At, ft tj PENALTY CONSISTED OF: XX FINED $ 10 } 000.00 -- NOT RENEWED XXSUSPENDEDONE Dk�ount) REVOKED CANCELLED (number of days) r� OTHER [explain] 6.4 HAS THE APPLICANT OR ANY OTHER PERSON OR CORPORATION MENTIONED IN THIS LICENSE APPLICATION, OR ANYONE WITH A BENEFICIAL INTEREST IN THE BUSINESS UNDER LICENSE OR TO BE LICENSED, EVER BEEN CONVICTED OF A CRIMINAL OFFENSE? Yes XX No A. 1F THE ANSWER IS 'YES,' ANSWER THE FOLLOWING: Name of lndhidua{ Last - Name First Namt� , All'sddte Initial Date of Btrtb .-. l ! Conviction Date State Court of Judsdiction • • Description of offense (specifrc charge) Disposition .(fine, penalty, etc.) . Nature of interest In entity W be licensed - S. if appikable, provide the date the Director of the N.J. Division of Alcoholic beverage Control issued an order approving +� or disqualification - e - --v r _r___� I ,.,�, I -(No tioense may be Issued without an order from the D`uector of the Division of Alcoholic Beverage CanW determining no dlsqua1111cedlon or rernovtng disqualillmdom) (See R.S. 33:1-31.2 and ,,[,� .13.15.) . Provide Agency Docket No. 4NN]- td" P" P" Page 7 PLEASE TYPE OR PRINT ALL INFORMAMON 0252 44 005 003 STATE ASSIGNED LICENSE NUMBER • ALL APPLICANTS OTHER THAN CLUB LICENSE ANSWER THE FOLLOWING 7.1 DOES THE AP'PL'ICANT, A MEMBER OF THE APPLICANTS IMMEDIATE FAMILY (SPOUSE, CHILDREN# PARENTS, IN-LAWS OR SIBLINGS) OR ANY PERSON WITH A BENEFICIAL INTEREST IN THE SUBJECT LICENSE OF THIS APPLICATION, HAVE ANY INTEREST IN ANY OTHER NEW JERSEY ALCOHOLIC BEVERAGE LICENSE?' Yes No IF THE ANSWER IS "YES," COMPLETE THE FOLLOWING BY LISTING THE NEW JERSEY LIQUOR LICENSE TWELVE DIGIT NUMBER(S) AND THE NAME(S) OF THE PERSON(S) OR CORPORATIONS) WHO HOLD(S) SUCH INTEREST. USE ADDITIONAL PAGE(S) 7 AS NEEDED, 0409 44 001 006 A. Ucense Number Name Cherry Hill Wine and Spirits Inc. Corporate Name) Name, First Name, Middle Initial or Relationship to Applicant Brother B. Uoense Number 2019 .44 071 005 Name Cherry Hill:Wine And Spirits Inc* (Last Naine, First Name, Middle initial or Corporate Name) Relationship to Applicant * Brother C. License Number 0722 44 046 008 Name E.G. Holding Corporat ion, ]:Uco (I.Ast Name, Fast Name, Middle InMW or Corporate Name) Relationship to Applicant Self-- 12hert Troue---- ww.***** 7.2 WOULD ANY PERSON OR CORPORATION NAMED IN THIS APPLICATION FAIL TO QUALIFY FOR OWNERSHIP OF THE LICENSE IF APPLYING AS AN INDIVIDUAL BECAUSE .OF AGE, CRIMINAL • CONVICTION OR PROHIBITM INTERESTS IN OTHER LICENSES? Yes xx No IF THE ANSWER IS "YES,* ANSWER THE FOLLOWING EY INSERTING THE NAME,OF THE INDIVIDUAL OR CORPORATION AND THE SOCIAL SECURITY NUMBER AND DATE OF BIRTH, IF AN INDIVIDUAL USE ADDITIONAL PAGE(S) 7 AS NEEDED. Name • (Last Name, HoW NsMso Wdft M �U nd or Corq@mts Name) Social Security Number NJ Sales Tax Certificate of Authodty No. _pate of Birth Page 8 PLEASE.TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUM13ER025 2 '44 .005 .003 • ALL APPLICANTS ANSMR THE FOLLMNG 8.1 DOES THE APPLICANT OR ANYONE MENTIONED IN THIS APPLICATION OWE THE STATE OF NEW JERSEY OR THE-UNITED STATES ANY LICENSE FEE, PENALTY, INTEREST OR ALCOHOLIC BEVERAGE TAX WHICH HAS ACCRUED PURSUANT TO THE ALCOHOLIC BEVERAGE TAX LAW, THE ALCOHOLIC BEVERAGE LAW OR ANY OTHER NEW JERSEY OR FEDERAL LAW? Yes -XX No 02 HAS THE LICENSE BEEN ISSUED, OR IS IT BEING REQU9ZTED TO BE ISSUED, FOR A HOTELIMOTEL AS AN EXCEPTION T E POPULATION RESTRICTION UNDER THE PROVISIONS OF R.S. S3:1-12-20? Yes yy o IF THE ANSWER IS "YES; IS IT FOR A HOTEL/MOTEL FACILITY OF 60 OR fOO ROOMS? CHECK ONE:, 50 ROOMS - IGO ROOMS 8.3. HAS THE LICENSE BEEN ISSUED, OR IS rr BEING REQUESTED TO BE ISSUED, AS AN EXCEPTION TO THE TWO LICENSE UMITATION LAW (R.S. 33:1-12ff) FOR A HOTEL/MOTEL, RESTAURANT, BOMJNG ALLEY OR INTERNATIONAL AIRPORT? Yes _____ No IF THE ANSWER IS "YES; CHECK CANE OF THE FOLLOWING: H4 RESTAURANT . BOWLING ALLEY IMRNATIONAL AIRPORT THE FOLLOWING ARE TO BE ANSWERED WHEN APPLICATION IS FOR A LICENSE TRANSFER. 8.4 LICENSE NUMBER SOUGHT TO BE TRANSFERRED wffmft.� w - WANNO-ft w 8.5 IF THIS IS A REQUEST FOR A PERSON-TO-PERSON TRANSFER, INSERT NAME(S) OF PERSON (Last Name First), PARTNERSHIP OR CORPORATION CURRENTLY HOLDING THE LICENSE: (Last Name, First Name, Middle Initial or Corpo Name) 8.6 IF THIS IS A REQUEST FOR A PLACE-TO-PLACE TRANSFER OF A POCKET LICENSE (NO SITED PREMISES), MARK AN X HERE: IF THIS IS A REQUEST FOR A PLACE-TO-PLACE TRANSFER OFA SITED LICENSE, INSERT THE ADDRESS OF THE CURRENT SITE FROM V*-IICH THE LICENSE 16 TO BE TRANSFERRED, SbvM Address Number SbeM Name■ Municipality Now J"ey Zip THE FOLLOWING ARE TO BE ANSWERED BY APPLICANTS FOR A NEW LICENSE OR A LICENSE TRANSFER. furl 8.7 INSERT THE ANTICIPATED DATES WHEN PUBLIC NOTICE OF APPLICATION WILL BE PUBLISHED. PUBLICATION MAY NOT BE SOONER THAN THE DATE OF FILING OF THIS APPLICATION. Dite of first notice Date of se=d nolce 8.8 NAME OF NEWSPAPER TO PUBLISH NOTICE a.9 THE FOLLOWING* ARE TO BE ANSWERED BY CORPORATIONS REPORTING A CHANGE OF CORPORATE STRUCTURE WHEREIN A NEW STOCKHOLDER ACQUIRES MORE THAN I PERCENT OF THE STOCK OF THE LICENSED COMPANY (ONE PUBLICATION OF NOTICE REQUIRED). Date of nodes Name of newspaper publishing notice I • THE FOLLOWING QUESTIONS ARE FOR CLUB LICENSE APPLICANTS ONLY. 8.10 HAS THE CLUB BEEN IN ACTIVE OPERATION IN THE STATE OF NEW JERSEY FOR AT LEAST THREE YEARS CONTINUOUSLY. IMMEDIATELY PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE?` Yes No 8.11 IS THE APPLICANT A CONSTITUENT UNIT, CHARTERED OR OTHERWISE DULY ENFRANCISED CHAPTER OR MEMBER CLUB OF A NATIONAL OR STATE ORDER? 'Yes No 8.12 HAS THE CLUB HAD EXCLUSIVE POSSESSION AND USE COFCLUB QUARTERS FORTHIREECONTINUOUS YEARS? Yes No ema DOES THE CLUB HAVE AT LEAST 60 VOTING MEMBERS? Yes No Page 9 PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER0252 w 44 0005 003� ALL APPLICANTS ANSWER THE FOLLOWING 9.1 DOES ANY INDIVIDUAL, PARTNERSHIPS'CCYRPORATION OR ASSOCIATION 9ME&MN THE 6EPMAMNIT HAVE AN INTEREST DIRECTLY ORINDIRECTLY IN THE LICENSE APPLIED FOR OR IS THE STOCK OF ANY STOCKHOLDPER, HELD IN ESCROW OR PLEDGE© IN ANY WAY? Yes No IF THE ANSWER IS *YES," ANSWER THE FOLLOWING USING A SEPARATE PAGE 9 FOR EACH INDIVIDUAL OR CORPORATION OF INTEREST. ATTACH A SEPARATE PAGE OF EKPLANA11ON IF MORE SPACE IS NEEDED. Name of Individual (Last Nairne First) or Corporation (Last Name, Fust Name,, NWdle Initial or Corporate Name) Sodal Security Number OR NJ Sales Tax Cefflk*la of Authority Number Sb*M Addren Number Street Name P.O. Boot # Munimoardy state .Zip w Describe Nature of Interest F" 9.2 DOES ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR ASSOCIATION HOLDANY CHATTEL MORTGAGE OR CONDMONAL BILL OF SALE OR OTHER SECURITY INTEREST ON ANY FURNITURE, FIXTURES, GOODS OR EQUIPMENT TO BE USED IN CONNECTION WITH THE BUSINESS TO BE OPERATED UNDER THE LICENSE APPLIED FOR?._.._ Yes Xy No IF THE ANSWER IS 'YES; ANSWER THE FOLLOWING USING A SEPARATE PAGE 9 FOR EACH INDIVIDUAL OR CORPORATION TO BE REPORTED, ATTACH A SEPARATE PAGE OF EXPLANATION IF MORE SPACE IS NEEDED. Name of Indtvidual (Last Name Fitt) or Corporation (Last Name, First Name, Middle Initial or Corporate Name) Soda( Security Number OR NJ Sales Tax Cerdfimte of Authority Number Street Address Number Street Name P.O. Box # Municipality to ZIP Descrbe Nature of Interest O.Z HAS THE APPLICANT AGREED TO PERMIT ANYONE NOT HAVING AN OWNERSHIP INTEREST IN THE LICENSE TO RECEIVE OR AGREED TO PAYANYONE (BYWAY OF RENT, SALARY OR OTHERWISE) ALL ORANY PERCENTAGE OF THE 1RM- 9- RECEIPTS OR MET PROFIT OR INCOME DERIVED FROM THE BUSINESS TO BE CONDUCTED UiNIDELR�'-TAE �10EIMSE AFFLIED FOWt _ .Yes ..XX No IF THE ANSWER IS OYESOD 6j-�RS�AER THE FOLLOYMNO UL-WM3, A SEPARATE PAGE 9 FOR EACH INDIVIDUAL OR CORPORATION TO SE REFORTED n ATTACHA-, SE AR TE PAGE LAMTION IF MORE SPACE IS NEEDED. Name of Irdvidual (Last Mman-va Mrsi) or Cmp@M!w Last Name First -Name Middle Initial Social Security Number noun= wqwqw� OR NJ Sales Tax Certificate of Authority Number env Street Address Number street N&M P.O. BOX f Munidpailly state 23p Describe stature of Interest APPLICANTS THAT ARE SOLE PROPRIETORS OR PARTNERSHIPS GO TO PAGE 10A. CORPORATIONS AND LINIfTED LIABILITY COMPANIES COMPLETE PAGE 10. r" page, 10 PLEASE TYPE OR PRINT ALL INFORMATION 0252 i • 44.005 _ 003 STATE ASSIGNED LICENSE NUMBER ,�... ._. . QUEST ---- IONS TO BE ANSWERED BY CORPORATIONS AND UMI TED LIABILITY COMPANIES ONLY. ANY CORPORATION OR UMIT'ED LIABILITY COMPANY THAT IS REPORTED TO HAVE AN INTEREST IN THE BUSINESS TO BE LICENSED, WHETHER THE • LICENSEE COMPANY, THE PARENT CORPORATION OF THE LICENSED COMPANY, HOLDING COMPANY CSR OTHERVIASE AFFILIATED IN THE CORPORATE CHAIN MUST ANSWER THE FOLLOWING USING A SEPARATE PAGE 10 AND PAGE 10A FOR EACH CORPORATION. ANSWER QUESTIONS ON BOTH PAGE 10 AND PAGE 1 OA FOR EACH CORPORATION, 1D.1 Name of oorpcir n „ E . G. Hol.ding CoLcRoratidn Inc* . 10.2 S vet address of home oflioe 370 Chestnut Street • Number Street Name Municipality mgmwp u State HJ zip 10.3 NJ Sales Tax Certificate of Autluxq Number223-15R—fi5QjjjQj --- 10A IF CORPORATION ADDRESS IN NUMBER 10.2 ABOVE IS OUT OF STATE, REPORT BELOWTHE ADDRESS OF ANY OFFICE' LOCATION IN NEW JERSEY. INSERT NIA IF NONE. Sheet Address NIA ' Number Street Name Municipality New Jemey . 2jp - 10.6 IS THE CORPORATION NOW AN EXISTING, VALID CORPORATION? .XX_ you .. No 10.6 DATE CHARTERED OR INCORPORATED Jan I 17 1 1995 STATE NJ_ 10.7 CERTIFICATE OF INCORPORATION NUMBER 0100812883 10.8 IF NOT ANCORPORATED UNDER THE LAWS OF NEW JERSEY, HAS THE CORPORATION RECENM AN AU rHORI7ATION TO CONDUCT BU ESS IN NEW JERSEY FROM THE NEW JERSEY OFFICE OF THE SECRETARY OFF STATE? ,�,,,,„_ No Yes O 1l �► � G�''� � 1+1� . 10.9 HAS THE CORPORATION CHARTER EVER BEEN REVOKED BY THE OFFICE OF THE SECRETARY OF STATE IN NEW JERSEY? _.�. Yes � ._ No IF THEANSWER IS RYES, INSERTTHE DATE OF REVOCATION, OR IF SUSPENDED, THE BEGINNING AND ENDING DATE OF THE SUSPENSION. Date of revocation ! 1 Beginning date Ending date / 1 . 10.10 INSERT THE NAME AND ADDRESS OFTHE REdiSTERED OR AUTHORIZED AGENT IN NEW JERSEY UPON WHOM[ SERVICE OF PROCESS IN ANY PROCEEDINGS AGAINST THE APPLICANT, PURSUANT TO THE NEW JERSEY ALCOHOLIC BEVERAGE LAW, THE ALCOHOLIC BEVERAGE TAX LAW OR PROCEEDINGS IN A STATE OR U.S. DISTRICT COURT,. MAY BE MADE. Nome E.G. Holding QER. Inc • c/o Stephe Gehl, Esq. � - • (Last Name, Flmt-Name, Middle cnida! or C orparatlon) Street Address 370 Chestnut -Street ?to, Box 807 . Number •Street Name ' Munidpallty► Union Now Jersey 070$3 Telephone Number ( 908 687 _ 7000 Area Exchange Number 1 GA I IF THE LICENSED COMPANY 1S 6WNED BY OTHER CORPORAT I ON(S) OR IS IN A CORPORATE CHAIN, ATTACH A DIAGRAM DEPli7nNt3 THE CORPORATE RELATIONSHIPS AND THE PERCENTAGE OF STOCK INTEREST IN THE COMPANY TO BE LICENSED, OWNED BY OTKER CORPORATIONS OR OTHER NON -CORPORATE ENTITITES (INDIVIDt1ALS, PARTNERSHIPS, ASSOCIATIONS. . Page IDA PLEASE TYPE OR PRINT ALL INFORMATION STATE ASSIGNED LICENSE NUMBER 0 2.5 2 A 4 DOS-- ',r 003 ALL APPLICANTS ANSMR THE-FOLLOWING (ADD PAGES AS NECESSARY) SOLE OWNERS AND PARTNERSHIPS: Complete this page In full. LIMITED PARTNERSHIPS: All Information about a general partner or partners of a firnked partnership must be reported, whether the general partner Is an individual or a corpombon. A list of the names and addresses of all 11mW partners must be submitted as an attachment to this application with an IdentIficadon of the percentage of each ftfted partner as I relates to total ownership of the business entity to be llceneW. CORPORATIQNS: AM corporation applicants or licensee and any oorpwvAon that has an &mvnh1p, Itftrest In the corporadon under license or to be licensed must have been reported on Pop 10. Information an this Page, IDA. will identify all officers, directors and eftkholdeis holding one Percent or more of the shares of the respedve company. Club licenses must list names of officers and directors and attach a current men*emhip list NAME OF CORPORATION OR CLUB COVERED BY THIS PAGE (COMPLETE ONLY IF APPLICANT OR STOCKHOLDER IS A CORPORATION OR PARTNERSHIP): E G. Holdi-ne Corporation Ines Name of Individual (Last name fing), stockholder, partner, officer or dire6tor. Trone Robert Le Last N a Middle Initial Home Street Adder RUMDer me P.O. BOX# __Urticipardy ask State Zip * - Sodal Security Number Date Of am Home telephone number Area Exchange Number Office telephone number 30 L 795 f0_00 Area Exchange Number % of business owned or oor&dled 100Z Number of shares 100 Cho(* position that applies: Sole owner Partner XX Stodftlder M9 XX President Vice -President __XX_ Secretary Treasurer Director ...... .. Manager Agent Executor/Adminisbattx Receiver Beneficiary Other (specify) fowl • Name of individual (last name first) , stockholder, partner, offider or director. N/A Last Name FM Name Middle Initial Home Street Address Number Street Name P.O. Bon S munw4xft State Zip Social Securhy Number Data of Birth Home telephone number Area Exchange Number Ofte telephone number Area a Number % of business owned or controlled Number of shame Check position that applies: __. Sole owner Pam" Stodftlder President Vice-president .Some ry ....Treasurer Director Trustee Manager Agent FX=LdodAdmInh&*or Receiver* Beneficiary Other (specify) F" Page II PLEASE TYPE R. PM3W AM IMFORMATION 44 005 002- STATE ASSIGNED LICENSE NUMBER - • .. - • AFiDA T LICENSE PERIOD �? - �, APPLIED FOR FROM �� ATE. State of t4j �jrf� 0 n County of��' �) As provided by law{R.S. 33.1-35}0 (Chick Cane) 1. The Individual Applicant 2. Members of the Partnership Applicant 3. Robert L. Trone of E.G.lalolding Corporation lnc,6:. (Pr+esidentlllice-President) (Corporation or Club Name) consent(s) that the licensed premises and all portions of the building eonstrtuting the licensed premises, including all rooms, cellars„ closets, out -buildings, passageways, vaults, yards, attics and every part of the structure of which the licensed premises ere part and all buildings used In oonnection therevft which are in hislherlthelr pi emon or under h`wberltheIr control, may be Inspected and searched without warrant,at all hours by the Director of the Division of Alcoholic Beverage Control, his or her duly authorized depude% Inspect= or Investigators and all other sworn lave enforcement officers, and being +dulj swam according to law, upon hWhedtheir oa#h(s), depose(s) and say(s) that he/she is (they ane) the person(a) duly authorized to sign the application, that In Instance of corporate ov+inershlp, the signator is +� euthortzed by corporate resolution to sign on behalf of the corporations; and that the contents of this ap kation rrepreaw t complete disclosure of the fad, and that the contents of this application ane true. ' {Signature of Individual Agent I Sole PrWIA Mtor) • (Corporations Only) Attestation by Corporate Seas" (Partnership Name) (Signature of Partner) E.#. Holding "Corporration Inc.Aftest ° Corporate Name (Signature of Partner) By ftmtaly _ (Signature of Corporate President or Vice sident) (Signature of Partner) Ar, If C;011Vr-2*. tl (Signature -of Partner) • sworn to and before me this te day ofJ4 2013-. • CHERYL A: COLE AFFIDAVIT MUST BE SIGNED HERE > - (Signature 'i'Ai�Y P�U�C { ig metering Oath) E7/11I201 S BY DULY AUTHORIZED r-.0,0o[ja *., NOTARY PUBLIC {Printed Namd of Officer Administering Oath) OR AN ATTORNEY-AT-LAW hJhLiQ?AQ I U 7? 1�17W "7M {`title of 0111cor Inisterirrg Oaf) (Date of Expiration of Cornmisslon, if appliccable) a ffi;-W] 11� 0 ran STATE OF NEW JERSEY DEPARTMNT OF LAW AND PUBLIC SAFETY DBIISION OF ALCOHOLIC BEVERAGE CONTROL LIC. NO. 2019-44-071-005 AGENCY NOS - S-02-31536; H-2002-0091 t DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, V. CHERRY HILL WINE AND SPIRITS, INC., t/a TOTAL WINE & MORE, Respondent. Kevin Marc Schatz, SDAG, Attorney for Petitioner (Peter C. Harvey, Attorney General, Attorney) James R Dial, Esq., Attorney for Respondent (ReedSmith, Attorneys) BY THE DMECTOR: This matter haying been brought before the Director of the Division of Alcoholic Beverage Control, by the D Wisi on 'of Alcoholic Beverage Control represented by Peter C. Harvey, Attorney General of New -A A. • Jersey (Kevin marc Schatz, Senior Deputy Attorney General, appearing) and by Respondent, Cberry Hill Wine and Sports, Inc., represented by James F. Dial, Esq., IT IS on this 14 day o 2005, hereby ORDERED with the consent of the p"as: I Respondent hereby enters a plea of "non vine" to the charge, under Age&y Dkt, No. S-02- 31536, that it failed toproduce books of account within seven business days of demand ('SOOKS2"), thereby waiving the right to any hearing or appeal whatsoever in connection with these charges. 2. Respondent has, agreed to implement the corrective actions set forth in Exhibits A, Paragraph 6, attached hereto no later than 6 months from the date of this Order. AGENCY NOS. S-02-31536; H-2002-0094 Consent Order 3. Respondent has agreed to reimburse Petitioner for its costs of 'investigation in the amount of $250,000. The *payment of this reimbursement is due in five (5) equal installments 4 ($50,000 each) due by the close of the business day of August 15, 2005; August 15 , 20061 August 15, 2007 g August 15, 2008; and August 14, 2009. Each payment shall be made by certified check or attorney's account check to "Division of Alcoholic Beverage Control" bearing Agency Dkt. No. S-02-31536 and sent to: Ion Division of Alcoholic Beverage Control Am.: Victoria CunWings, Enforcement Bureau 140 East Front Street, P.O. Box 087 Trenton, New Jersey 08625-0087 4. In return for this non vult plea and Respondent's agreement to the terms set forth herein', the Director hereby suspends license for a total of 30 days. However, Respondent shall not be required to actually serve said suspension provided that it has complied in all respects with each and every provision of this Order. 5. The second sentence of the preceding paragraph notwithstanding, failure to implement the, aforementioned corrective actions or to make each reimbursement payment in the manner and time set forth above shall result in the actual suspension of the license privilege by Order of the Director. Said suspension shall be in proportion to the amount of the reimbursement yet unpaid or the amount of the payment period remaining from the date upon which Respondent's non-compliance with the corrective action requirements was discovered by Petitioner in light of the suspension period set forth above. Said Ordex may be issued after an Order to Show Cause proceeding at which Respondent vim shall have the burden to demonstrate that all of the aforementioned payments which were due had been timely paid or that all required corrective actions had been timely implemented, depending ori the nature of the failure cited by Petitioner. Violation of this Order rnay*�be considered by the Director as a separate chargeable violation, 6. Respondent hereby waives all rights to further hearings and appeals (and to withdraw all pending appeals related to this matter) and to the repossession or return of any alcoholic beverages or evidence, as well as any cash or any other personalty seized in connection with the investigation of this matter, excluding books and records of the licensed business, and Respondent consents to the forfeiture of same and disposition by the Director in accordance with the provisions of NIS.A. 33:1.«66 and/or hI.M.A. 20-464-11 et LQ, 7. This Consent Order concludes and settles all administrative charges which have and/or could have been brought by the Division against Respondent arising out of the Division's investigation into the organizational relationship between Respondent and Retail Services alid Systems, Thr., which are- addressed i7i this Consent Order (Lncluding attachments,. a AAAW AL Accordingly, the Division will not bring charges or pursue any further action against 2 of 3 Pages "04 AGENCY NOS - S-02-31536; H-2002-0094 top Consent Order Respondent arising from the aforementioned investigation provided that such violative IN" conduct has ceased no later than 6 months from the date of this Consent Order. 8. This Consent Order, terms thereunder, and conditions imposed are hereby attached to this mot license, Hence, the existing licensee and any prospective or subsequent transferee of this license takes and is bound by the terms and conditions imposed herein. 9. All exhibits referenced above are incorporated herein by reference as though set forth at length herein. 10. This Consent Order (including attachments) contains the entire agreement by and between the parties. However, nothing herein, in the Alcoholic Beverage Control Act or its regulations prevents Respondent from petitioning the Director for a modification of the terms contained herein forgood cause shown due to a significant change in Respondent's financial circumstances or changes in law which pertain to the comedye action taken by Respondent pursuant to this Consent Order. The decision regarding such a petition shall remain Within the sole and reasonable discretion of the Director, but shall not be subject to M9 judicial review, P09 JERRYMSCFM DMECTOR The parties consent to the entry of this Order in the form submitted. P-9 PETER C HARVEY .ATTORNEY GENERAL rM9 OF NEW JERSEY YO B Dated: 712slo Kevin Marc Schaiz Senior Deputy Attorney General On)Beh-alf of Petitioner Dated t U --a 'Z:., e6 0 ZzN�0 On Behalf of Respondent 3 of 3 Pages ReedSmith James F. Dial Direct Phone*. 609,620.6025 Email: jdlal@readsmith.com I;—.z Reed Smith LLP Princeton Forrestal Village • 136 Main Street - Suits 260 Princeton, NJ 08540-7839 609.987.0050 Fax 609.951.0824 July 6, 2005 I VIA FAX & REGULAR MAIL P-19 Kevin Marc Schatz, Esq. Senior Deputy Attorney General MR Division of Alcoholic Beverage Control 140 East Front Street Post Office Box 087 M9 Trenton, New Jersey 08625 Re: In the Matter of the Inves flon of Total Wine & More Agency Docket No. 2002-0094 Dear Kevin: Thank you for your continued willingness to explore avenues by which this matter can be resolved. Toward that end, andpursuant to our recent telephone conversations, please accept this letter as Cherry Hill Wine & Spm**ts, Inc. ("Cherry Hi'll'% E.G. Holding Cogoration, Inc. {"EGH'I (collectively, the "Licensees"), and Retail Services and Systems, Inc., C'Retail Services" 's willingness to agree to a settlement which would include the following terms: MCI 1. Each of Cherry. Hill's two licensed businesses and each of EGH's two licensed businesses would agree to enter into separate, comprehensive Consent Orders with the ABC memorializing the terms of settlement of this matter, rEq 2. Each of Cherry Hill's two licensed businesses and each of EGH's two licensed businesses would agree to enter a plea of NON VULT to one charge of "failure to produce books of rW9 account within seven business days of demand" {"BOOKS2" ),thereby waiving any right to a hearing or appeal in connection with this.matter; fW9 3. The Licensees would agree to make payment to the ABC in the total amount of $ which shall be apportioned such that each of Cherry Hffs two licensed _RM=0 W.Ask DAL . MAI% AnCl..mija t, miy, TISASURGH # OAKLAND LONDON # NEW YORK + LOS ANG # SAN F MCI Con, DAL v ujFlj&~b. MUNICH ® ppjNcEToN # FALLS C04URCH # VALMINGTON # NEWARK # MIDLANDS, UX # CE=Ry LITY e, RICKMOND ® LWOURO r a e d s rn I t h .Steven J. Picco + Office Admim'strapvve Padner + A Limited Liability Parin5rShip formed in thp, State of Delaware [ka-I -1 CI Kevin Marc Schatz, Esq. Reea omith LLF July 6, 2005 Page 2 businesses and each of EGH"s two lieensed businesses shall contribute monetarily, although not necessarily in equal increments; 4. The totalpayment of $,wuvfld be payable in five equal 'installments, with the first payment to be made within thirty days of the date of entry of each of the respective Consent Orders resolving this matter, and the four subsequent payments to be made by the mm'vevsany date of the first payment in calendar years 2006, 2007, 2008, and 2009, resp Ciel 5. The total payment of would be characterized in cacti Consent Order as reimbursement to the for its costs of investigation and shall NOT be characterized. as a fine inABC leu or suspensqon9 6. Cheny'Hifl, EGH, and Retail Services would agree to undertake the proposed "cormetive Re'tions" as fallowsc, 0 the Licensees would agree that no entity other than Cherry Hill would have any leasehold interest in the property in which the two Cherry Hill licensees operate and that no entity other than EGH would have any leasihold interest in the property in which the two EGH licensees operate; (b) the Licensees would agree that the people who run the day-to-day operations of the Cherry Hill licenses and who are ultimately accountable to David Trone in that regard would all be employees of Cherry Hill, and that the people who run the day-to-day operations of the EGH stores and who are ultimately accountable to Robert 'Trove 14 that -regard would all be employees of EGH. In that regarx� Mike Moran (or any successor) would be an employee of Cherry Hill and John Cangialosi (or any successor) would be an employee of EGH. The Licensees also would agree that no employee of Cherry Hill would work for EGH, or vice versa-, (c) the Licensees would agree that Cherry Hill and EGH would each enter into written contracts with Retail Services for bookkeeping services and that those services would be priced to Chea Hill and EGH at "reasonable" levels. To the Ih 1A extent that Retail ServiceswOvIuU provide other business services to Cherry Hill or EGH, those services and their prices would be set forth in a written contract. The Licensees also would agree that any payment made by Ch-e:rry.Hill or EGH to Retail Services would be based on an invoice issued by Retail Services prior to Payment; the, Licensees would agree that any supplies or non-alcoholic beverages sold by Retail Services to either Cherry Hill -or EGH would be priced and invoiced at IM9 reasonable levels; (e) the Licensees would agree that Retail Services can include within the services it offers the running of background, credit, or reference checks as well as the -administration of tests, surveys, and other screening devices, on prospective employees of Cherry Hill and/or EGH as long as such services are priced at reasonable levels and as long as Cherry Hill personnel make all hiring decisions - for Che my Hill and EGH personntl make all hiring decisions foTEGH; Kevin Marc Schatz, Esq. July 6, 2005 IM" Page 3 'oInt the, Licensecs wouldthai any ads mrh agyef ly by Cheny MR1 and BGH would 11 respects with New Jersey� s �egu to reg M9 M-0, comp�y n ek lald ard, perative rm" ad V �'! I U, S i, n, g,,., (g) ffij5 Lloccnsaes woWd agree that Cherry Hill, EGH, and Retail Services would ar�ange their busR"ness dealings to avoid "shifting of profits" among the entities and, thatany services provid(?A by Retail Services to Cherry Hill or EGH would be at market rates and Pri ces; (h) the. Licensees would agree that Cherry H-111 and EGH would continue to comply with all applicable New Jersey laws regarding the practice known as "packin g out;" the ,ice seas would agree that Cherry Hill and EGH would each keep separate books and accounting records, that each licensee would maintain any records on R0 c licensees might its premises that are required to be there,. and that to the extent th wish to maintain such records off site, each would, in conformity with New Jersey law, petition the Director for permission to do so (such permission not to be withheld absent good cause); the Licensees would agree that Retail Services would register to do business I'D New Jersey; (k) the Licensees would agree that each license would complete and file full 12 -page & 6 applications for their respecpve upcoming renewals and describe therein the ownership arrangement s of the other three licenses; (1) the Licensees would agree that Retail Services would not act as a source of unpaid personnel to Cherry Hill or EGH, (m) the Licensees would agree that the employees of Cherry Hill and EGH would be principally employed in New Jersey and that none would be assigned to Retail Services' offices; (n) the Licensees would agree that David Trone would not permit Retail Services to control the day-to-day operations of Cherry Hill, and that Robert Trone would not P ermit Retail Services to control the day-to-day operations of EGH. In this regard, all Cherry Hill purchase orders for wine, spirits, or beer would be sent to directly from David Trone or from employees of Cherry Hill, and all wholesalers EGH)Durchase orders for wine, spirits, or beer would be sent to wholesalers directly from Robert Trone or from employees of EGH; (o) the Licensees would agree that any credit extended for the operation of Cherry Hill or EGH would be a debt of Cherry Hill or EGH and would not be guaranteed 'M A, -O'&AW &AjL nte - the debts of Ch US n e rn ax 1W Oy t�.etafl fler Lee . HwArever., Dav;dT M -b 3. y rulpur& P MY Hill and Robert Trone may guarantee the debts of EGH; a "I Coil r"I Kevin Marc Schatz, Esq,, Keed z`)mith LLP July 6, 2005 Page 4 7. Chericy Hill, BCH, and Retail Services would agree to implement the'proposed CILcorrective actions" wfthin six months of the date of entry of each of the respective Consent Ordem resolving this mmero 8. The Dft-ector would not suspend any of the Licensees' respective licenses so long as they remained in compliance with the, terms Of US setfleet' 9. The ABC would return the books and records s6zed from any of the Licensees' licensed businesses in connection with the investigation of this matter-, 16, The Licensees would agree that the terms and conditions of each respective Consent 0 I :1rd5r vtrould attach to that.Pudcul ar license - 11. Each respective Consent Order would state that it represented the conclusion of the ABC's 'Investigation of the respective licensed business and that the ABC would not file any charges or es as pursue any farther action against any of the licensed businesses based on any act or failure to act # - and occurring prior to the date of the entry of each of the respective Consent Orders 12. Each respective Consent Order would allow for modification or rescission in the event of a change in the law of New Jersey or to comply with an order of a state or federal court, and would allow for amendment of the Consent Order to account for changed or unanticipated business conditions We believe that this letter reflects all of the necessary terms and conditions of the settlement which has been discussed, and we hope that they can form the basis of a lasting resolution to this matter. Please let me know the ABC's thoughts. I look forward to hearing from you. %.W Very truly yours, D SMITH LLP J es F. Dial 1xim- 1 PMRS DEPARTMEENT OF LAW AND PUBLIC SAFETY DIVISION OF ALCOHOLIC BEVERAGE CONTROL LIC. NO. 0409-44-001-006 AGENCY NOS. S-02-31534; H-2002-0094 DIVISION OF ALCOHOUC ]BEVERAGE CONTROL, CONSENT ORDER V. CHERRY ELL I)VINE AND SP=S, INC.) t/a TOTAL WM & MORE , } Respondent. Kevin are Schatz, SDAG, Attomey for Petitioner (Peter C. Harvey, Attorney General, Attorney) James F. Dial, Esq., Attorney for Respondent {ReedSmith, Attorneys) BY TBE DIRECTOR, This matter having been brought before the Director of the Division of Alcoholic Beverage Control, by the Division of Alcoholic Beverage Control represented by Peter C. Harvey, Attorney General of New Jersey (Kevin Mm Schatz, Senior Deputy Attorney General, appearing) and by Respondent, Cherry Hill Wine and Spits, Inc., represented by Junes R Dial, Esq., IT IS on th's >h day o 2005, hereby ORDERED with the consent of the parties: fA" fi ,e 1. Rescm pond1here enters a plea of "non vulf'to the Charges under Agency Dkt. No. S -02- 3.15K ffiatl Rte failed to produce books of account within seven business days of demand ("BOOK32"), thereby waiving the right to any hearing or appeal whatsoever in connection with (hese charge,,s. 2. Respondent has ageed to implement the corrective actions set forth in Exhfbits A., • Paragraph 6, attached hereto no later than 6 months from the date of this Order. I AGENCY MOS, S-02-31534; H-2002-0094 P" Consent Order 3, Respondent has agreed to reimburse Petitioner for its costs of investigation in the amount MR of $250,000. The payment of this reimbursement is due in five (5) equal installments ($50,000 each) due by the close of the business &y of August 15, 2005; August 15, 2006; August 15, 2007; August 15,20081; and August 14, 20094 Each payment shall be made by certified check or attorney's account check to "Division of Alcoholic Beverage Control" bearing Agency DkL No, S-02-31534 and sent to: Division of Alcoholic Beverage Control Attn.: Victoria Cummings, Enforcement Bureau 140 East Front Street, P.O. Box 087 Trenton, New Jersey 08625-0087 4, In return for this non vult plea and Respondent's agreement to the terms set forth herein, the Director hereby suspends license for a total of 30 days. However, Respondent shall not be required to actually serve said suspension provided that it has complied in all respects with each and every provision of this Order, 5. The second sentence of the preceding paragraph notwithstanding, failure to implement the aforementioned corrective actions or to make each reimbursement payment in the manner and time set forth above shall result in the actual suspension of the license privilege by Order of the Director. Said suspension shall be in proportion to the amount of the reimbursement yet unpaid or the amount of the payment period remaining from the date upon which Respondent's non-compliance with the corrective action mquirements was discovered by Petitioner in light of the suspension period set forth above, S &I--'� at 'd Order may be after an Order to Show Cause proceeding which Respondent shall have the burden to demonstrate that all of the aforementioned payments which were due had bin tirnely paid or that all required corrective actions had been timely dtpandR'ng on the nature of the failure cited bypcfitioner. Violation of this Order may be considamd by the, Director as a separate chargeable violation. .0 00 Respondent hereby waives all rights to further hearings and appeals (and to withdraw all pending appeals related to this matter) and to the repossession or return of any alcoholic beverages or evidence, as well as any cash or any other personalty seized in connection with the 'Investigation of this matter, excluding books and records of the licensed business, and Respondent consents to the forfeiture of same and disposition by the Director in accordance with the provisions of N.I.S.A. 33:1-66 and/or N;I.& A. 2C:64-1, et This Consent Order concludes and settles all administrative charges which have and/or could have been brought by the Division against Respondent arising out of the Division's investigation into, the organizational relationship between Respondent and Retail Services and Systems, Inc., which are addressed in this Consent Order (including attachments). A ccorcl'1i^ -0 A.ngiy, the Division win" not bring charges or pursue any n=er action against M= =I- 14- y 7"-- 0 AGENCY NOS. S-02-31534; H-2002-0094 Consent Order Respondent arising from the aforementioned investigation provided that such violative conduct has ceased no later than 6 months from the date of this Consent Order. 8. This Consent Order, terms thereunder, and conditions imposed are hereby attached to this license. Hence, the existing licensee and any prospective or subsequent transferee of this license takes and is bound by the terms and conditions 'imposed herein. 9. All exhibits referenced above are incorporated herein by reference as though set forth at length herein. 10. This Consent Order (including attachments) contains the entire agreement by and between the parties. However, nothing herein, in the Alcoholic Beverage Control Act or its regulations prevents Respondent from petitioning ffie, Director for a modification of the terms contained herein for good cause shown due to a significant change in Respondent's financial cimumstances or changes in law which pertain to the corrective action taken by Respondent pursuant to this Consent Order. The decision regarding such a petition shaU remain within the sole and reasonable discretion of the Director, but shall not be subject to judicial review. L JbaY FUCHER DIRECTOR The parties consent to the entry of this Order in the form submitted. F09 PETE cHARVEY ATTORNEY GENERAL OF NEW JMSEY 0 000" By's 4�2n::-elamg-- Kevin Marc Scha& Senior Deputy Attorney General On Behalf of Petitioner By: J�4s F. Dial, Esq. On Be'naff of Respondent 3 of 3 Pages Dated-. 7/ 2 A;-/ 1 Dated: IX0 2,M) '00 6 ReedSmith • fkv-;ed Smite LLP Princeton Forrestal Village 136 Main Street - Suite 250 James F. DW Princeton, NJ 08540-7839 609.967.0050 • Direct Phone.* 609.52D.6025 Fax ��cYoed� 1o�� Email: )d�ei@r(sedsmith.com July 6, 2005 VIA FAX & REGULAR MAIL Kevin Marc Sebatz, Esq. Senior Deputy Attorney General Division of Alcoholic Beverage Control 140 East Front Street Post Office Box 087 Trenton, New Jersey 08625 Re: In the Matter of the Inv ation of Total Wine & More Agency Docket No. 2002-0094 0 Dear Kevin. 1. 1=9 Thank.you for your continued willingness to explore avenues by which this matter can be resolved. Toward that end, and pursuant to our recent telephone conversations, please accept this letter rM4 as Cherry Hill Wine & Spirits, Inc. ("Cherry Hill"), E.G. Holding Corporation, Inc. CECR') Ccollectively, the "'Licensees"'), and Retail Services and Systems, Inc., CRetail Services')s willingness to agree to a settlement which would include 1h5 faUcypin-9 term. s® 1. Each of Cherry Hills two licensed businesses and each of EGHs two licensed rs. h businesses would agree to enter into separate, comprehensive Consent Gide witthe ABC memorializing the terms- of settlement of this matter, 2, 9 Each of Cherry Hill's two licensed businesses and each of EGHs two licensed businesses would agree to enter a plea of NON VULT to one charge of "failure to produce books of account within seven business days of demand" ("BCUKS2"), thereby waiving any night to a hearing or appeal in connection with this matter® 3. The Licensees would agree to make payment to the ABC in the total amount of which shall be apportioned such that each of Cherry Hill's two licensed LONDON ♦ NEW YORK LOS ANGELES SAN FRANCISCO + WASKINGTOK D.C. ♦ PKLADELPHIA + PITTSBURGH * OAKLAND JCHMOM0 0 UASBUIM oAUNtCH PRINCETON * FALLS CHURCH * WILMINGTON 6 NEWARK * MIDLANDSo UX * CENTURY CITY * P s m I t h . c o m Steven J., Ficco * Office Administrative Partner + A Limited Liability Partnership fonned in the State of Delawayre,, •Kevin Marc Schatz, Esq. Reed Smith LLP July 6, 2005 Page 2 buism'63ses and each of EGH's two licensed businesses shall contribute monetalily, although not i 'Ry n equal 'increments; necelssani 4, The total payment of would be payable in five equal installments, days of the date of entry of each of the respective RW 0 w Li di5 &-st payment to be made within thirty da Consent Orders, resolving this matter, and the four subsequent payments to be made by the anniversary date of the firstpayment in calendar years 2006, 2007, 2008, and 2009, respectively, q �, The total payment of would be characterized 'in each Consent Order 5 $ as reimbuirrsemant to the A -BC for its costs of investigation and shall NOT be characterized as a fine in 11 lieu of suspension) 6. Cherry Hill, EGH, and Retail Services would agree to undertake the proposed "corrective a, actions" &9 follows, MR a) the Licensees would agree that no entity other than Cherry Hill would have any leasehold interest in the property in which the two Cherry Hill licensees operate and that no entity other than EGH would have any leasehold interest in. the 1=9 property M' which the two EGH licensees operate; (b) the Licensees would agree that the people Who run the day-to-day operations of the Cherry Hill licenses and who are ultimately accountable to David Trone in that regard would all be employees of Cherry Hill, and that the people who run the day-to-day operations of the EGH stores and who are ultimately accountable to Robert Trone in that regard would all -be employees of EGH. In that regard, Mike Moran (or any successor) would be an employee of Cherry Hill and John Cangialosi (or any successor) Would be an employee of EGH. The Licensees also would agree that no employee of Cherry Hill would work for EGH, or vice versa; the Licensees would agree that Cherry Hill and EGH would each enter into written contracts with Retail Services for bookkeeping services and that those services would be priced to Cherry Hill and EGH at "reasonable" levels. To the extent that Retail Services would provide other business services to Cherry Hill or EGH, those services and their prices would be set forth in a written contract. The Licensees also would agree that any payment made by Cberry Hill or EGH to Retail Services would be based on an invoice 'issued by Retail Services prior to payment; (d) the Licensees would agree that any supplies or non-alcoholic beverages sold by Retail Services to either Cherry Hill or EGH would be priced and invoiced at reasonable levels; (e) the Licensees would agree that Retail Services can include within the services it offers the _m_�1ng nerence checks as well as the of background, credit, or ref administration of tests, surveys, and other screening devices, on prospective employees of Cherry Hill and/6r EGH as long as such services are priced at reasonable levels and as long as Cherry Hill personnel make all hiring decisions for Cherry Hill and EGH personnel make all hiring decisions for EGH- .W S 1- M C-1-1 lal L6_W;I Pon 5;Z rm_.;j to" M Kevin Marc Schatz, Esq. My 6, 2005 e 3 0 I'll A '00 -T -T IA the Licensees would agree that any ads ran i oinny by L 9 MI WUU comply in all respects with New Jersey's regulat0ions regarding co-operative advertising; 9 (g) the Licensees would agree that Cherry Hill, EGH, and retail Services would arrange their business dealings to avoid "shifting of profms" among the entities and that any services provided by Kdail Services to Cherry Eli or EGH waWd be at market rates and prices*, (h) the Licensees would agree that ChesTy Hill and EGH would continue to comply with all applicable New Jersey laws regarding the practice known as "packing OUVI (i) the Licensees would agree that Cherry Hill and EGH would each keep separate books and accounting records, that each licensee would maintain any records on itsp remises that are required to be there, and that to the extent the licensees might wish to maintain such records off site, each would, in conformity with New Jersey law, petition the Director for permission to do so (such permission not to be w hbheld absent good cause)$ R the ROFn, sees routs agree tW Retail Services would register to do business in . I " , • New Jersey; {k} the Licensees would agree that each license would complete and file full 12 -page applications for.their respective Upcoming renewals and describe therein the ownership arrangements of the other three licenses; (1) the Licensees would agree that Retail Services would not act as a source of unpaid personnel to Cherry Hill or EGH; (m) the Licensees would agree that the employees of Cherry Hill and EGH would be principally employed in New Jersey and that none would be assigned to Retail Services' offices; (n} the Licensees would agree that David Trone would not permit Retail Services to control the day-to-day operations of Cherry Hill, and that Robert Trone would not permit Retail Services to control the day-to-day operations of EGH. In this regard, all Cherry Hill purchase orders for wine, spirits, or beer would be sent to wholesalers directly from David Trone or from employees of Cherry Hill, and all EGH purchase orders for wine, spirits, or beer would be sent to wholesalers directly from Robert Trone or from employees of EGH; 0 (o) the Licensees would agree that any credit extended for the operation of Cherry Hill or EGH would be a debt of Cherry Hill or EGH and would not be guaranteed by Retail Services. However, David Trone may guarantee the debts of Cherry Hill and Robert 'Prone may guarantee the debts of EGH; I=" OR Rim -0 lz� Zo 1"" TL--� ez ith LIF .evin Marc Schatz, Esq® July 6, 2005 Page 4 detai STATE OF NEW JERSEY Pa" DEPARTMENT OF LAW AND PUBLIC SAFETY DIMION OF ALCOHOLIC BEVERAGE CONTROL UC, NO, 0722-44-046-008 AGENCY NGS. S-02-31535; H-2002-0094 DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Peti��, ) CONSENT ORDER �, V. E.G. HOLDING CORPORATION, INC., t/a TOTAL WINE & MORE, P" Respondent. 109 N�� Kevin Marc Schatz, SDAG, Attorney for Petitioner (Peter C. Harvey, Attorney General, Attorney) James F. Dial, Esq., Attorney for Respondent (Reed.Snuth, Attorneys) BY THE DIRECTOR: This matter having been brought before the Director of theDivision of Alcoholic Beverage Control, by the Division of Alcoholic Beverage Control represented by Peter C. Harvey, Attorney General of New 0 Jersey (Kevin Marc Schatz, Senior Deputy Attorney General, appearing} and by Respondent, E.G. Holding Corporation, Inc., represented by James F. Dial, Esq., 2005, hereby ORDERED with the consent of the parties: IT IS on thiso.%N day ov. 1 Respondent hereby enters a plea of "non volt" to the Charges under Agency Dkt, No. S-02- 31535, that it failed to produce books of account within seven business days of demand ("BOOKS21% thereby waiving the right to any hean'ng or appeal whatsoever in connection with these charges. 20 Respondent has agreed to implement the cozrecfive. aeons set forth in Exhibits A, Paragraph 6, attached hereto no later thaw 6 vaoxq fxom the, date of this Order. AGENCY NOS. S-02-31535; R-2002-0094 Consent Order 3. Respondent has agreed to reimburse Petitioner for its costs of investigation in the amount of $250,000. The payment of this nailab ursement is due in five (5) equal installments ($50,000 each) due by the close of the business day of August 15, 2005 August 15 12006 August 15, 2007; August 15,2008; and August 14, 2009. Each payment shall be made by certified check or attorney's account check to "Division of Alcoholic Beverage Control" bearing Agency Dkt, No. S-02-31535 and sent to: Division of Alcoholic Beverage Control Attn. I: Victoria Curnn-Angs, Enforcement Bureau 140 East Front Street, P.0, Box 087 Tronton, New Jersey 08625-0087 4. In return for this non vu plea and Respondent's agreement to the terms set forth herein, the Director hereby suspends license for a total of 30 days. However, Respondent shall not be required to actually serve said suspension provided that it has complied in all respects with each and every provision Of this Order. rMl implement the 5. The second sentence of the preceding paragraph notwithstanding, failure to ' U aforementioned corrective actions or to make each reimbursement payment in the manner r --n and time set forth above shall result in the actual suspension of the license privilege by Order of the Director. Said suspension shall be in proportion to the amount of the reimbursement yet unpaid or the amount of the payment period remmning from the date Faq upon which Respondent's non-compliance with the corrective action requirements was discovered by Petitioner in light of the suspension period set forth above. # Said Order may be 'Issued after an Order to Show Cause proceeding at which Respondent shall have the burden to demonstrate that all of the aforementioned payments which were due had been timely paid or that all required corrective actions had been timely implemented, depending on the nature of the failure cited by Petitioner. Violation of this Order may be considered by the Director as a separate chargeable violation. I 6, Respondent hereby waives all. rights to further hearings and appeals (and to withdraw all P8 appeals related to this matter) and to the repossession or return of any alcoholic beverages or evidence, as well as any cash or any other personalty seized in connection with the investigation of this matter, excluding books and records of the licensed business, and Respondent consents to the forfeiture of same and disposition by the Director in accordance with the provisions of NJ 33.1-66 and/or N.I.S.A.. 2Q64-1, pi §m* 7. This Consent Order concludes and settles all administrative charges which have and/or could have been brought by the Division against Respondent arising out of the Division's investigation into the organizational relationship between Respondent and Retail Services and Systems, Inc., which are addressed in this Consent Order (including attachments). Accordingly, the Division will not bring charges or pursue any further action against 2 of 3 Pages 1MR Ea 0 0 1;2 0 regi =1 AGENCY NOS. S-02-31535; H-2002-0094 Consent Order Respondent aris' from the aforementibned investigation provided that such vicladve Ing "o conduct has ceased no later than 6 months from the date of this Consent Order. 8. This Consent Order, terms thereunder, and conditions imposed m h5reby attached to this que this license. Hence, the existing licensee and any prospective or sub se- tymst5ree of license takes and is bound by the tees and conditions imposed herein. a 9. All exhibits referenced above are incorporated herein by reference as though set forth at length herein. 10. This Consent Order (including attachments) contains the entire agreement by and between theparties. However, nothing herein, in the Alcoholic Beverage Control Act or its regulations prevents Respondent from petitioning the Director for a modification of the terms contained herein for good cause shown due to a significant change in Respondent's financial circumstances or changes in law which pertain to the corrective action taken by Respondent pursuant to this Consent Order. The decision regarding such a petition shall remain within the sole and reasonable discretion of the Director, but shall not be subject to judicial review. FIS CMR DmECTOR The parties consent to the entry of this Order in the form submitted. C. HARVEY ATTORNEY GENERAL OF NEW JERSEY By, Kevin Marc SCha6 Senior Deputy Attorney General On Behalf of Petitioner By: Jaries F. Dials Esq. On Behalf of Respondent Dated: 7/2- r/O Dated: 3 of 3 Pages IVINVED Read Smith w ReedSm-"th Princeton Forrestal Village 136 Main Street - Suite 250 James F. Dial Princeton, NJ 08540-7839 609.987-0050 Direct Phone: 09,,520.8025 Fax 609.951.0824 Emait, jdiai@reedsmith.com MR 5, 2005 VIA FAX & REGULAR MANL Kevin Marc Schatz, Esq. Senior Deputy Attorney General Division of Alcoholic Beverage CO-LatT01 140 East Front Street Past Office Box 087 FW1 Trenton, New Jersey 08625 Reo In the Matter of the IMY-ez 'Fine & More R—�90--R,0—f —To Total �I Agenvy )Ddocket No. 2002-0094 Dear Kevin:l Thank you for yojt�r wntinuad willingncss to explore avenues by which this matter can be resolved. Toward that end, and pursuant to our recent telephone conversations:, please accept this letter as Cherry Hill Wine & Spirits, Inc. ("Cherry Hill"), E.G. Holding Corporation, Inc. C EGH") (collectively, the "'Licensees"), and Retail Services and Systems, Inc., C"Retail Services")'s Willingness to agree, to a settlement which would include the following terms: 1. Each of Cherry Hill's two licensed businesses and each of EGH's two licensed businesses would agree to enter into separate, comprehensive Consent Orders with the ABC memorializing the terms of settlement of this matter; 21 Each of Cherry Hill's two licensed businesses and each of EGH's two licensed businesses would agree to enter a plea of NON VULT to one charge of "failure to produce books of Fln waiving any right to a hearing or account within seven business days of demand" ("BOOKS2"), thereby w 'v' appeal in connection with this matter, VVI 3. The Licensees would agree to make payment to the ABC in the total amount of $ which shall be apportioned such that each of Cherry Hill's two licensed LONDON XBV YORK * LOS ANGELES # SAN FRANCISC® + WASHINGTONs D.C. ® PHIUWELPMA +. PiTTSOURCH * OAKLAND MUNICH • PRENCETON * FALLS CHURCH # WILMINGTON * NEWARK * MCLANDS, UX 0 CENTURY CITY * RICHMOND * LEESBURG r e e d s m I t h . c o rn S-teven J. icco + Office Admu*u* strative Partner + A Limited Liability Partnership formed in the State of Delaware Sevin Marc Schatz, Esq. Reed Smith LLP July 6, 2005 Page 2 businesses and each of EGH's two licensed businesses shall contribute monetarily , alth ougb not ffly in equal increments; 4. The total payment of $ would be payable in five equal installments, vt n thirty days of the date of entry of each of the respect" V__Q wl L uhe5rst payment to be made within ents to be made bthe anniversary ConseloAt Orders resolving this matter, and the four subsequent payrn y date of thc. firsi payment in calendar years 2006, 2007, 2008, and 2009, respectively; would be characterized In each Consent Order The total payment of $ rIZ3 D figation and shall NOT be charade,6zed as a nnt, Rn or its costs of inves as reluiburse ment to the ABC f fieu of suspensa'onl) 6. Cherry Hill, EGH, and Retail Services would agree to undertake the proposed "coutctive actions" as follows: a) the Licensees would agree that no entity other than Cherry Hill would have any leasehold interest in the property in which the two Cherry dill licensees operate and that no entity other than EGH would have any leasehold 'Interest in the property in which the two EGH licensees operate-, (b) the Licensees would agrpe that the people who run the day-to-day operations of Pon the Cherry Hill licenses and who are ultimately accountable to David crone in that regard would all be employees of Cherry Hill, and that the people who run the day-to-day operations of the EGH stores and who are ultimately accountable Pon to Robert Trone in that regard would all be empl6yees of EGH. In that regard, Mike Moran (or any successor) would be an employee of Cherry Hill and John Can ialosi (or any successor) would be an employee of EGH. The Licensees also 91 would agree that no employee of Cherry Hill would work for EGH, or vice versa; the Licensees would agree that Cherry Hill and EGH would each enter into written contracts with Retail Services for bookkeeping services and that those services would bepriced to Cherry Hill and EGH at "reasonable" levels. To the ent, that Retail Services would provide other business services to Cherry Hill or ext 91 EGH, those services and their prices would be set forth in a written contract. The Licensees also would agree that any payment made by Cherry Hill or EGH-tto Retail Services. would be based on an invoice issued by Retail Services prior to payment; (d) the Licensees would agree that any supplies or non-alcoholic beverages sold by Retail Services to either Cherry Hill or EGH would be priced and invoiced at ran reasonable levels; {e} the Licensees would agree that Retail Services can include within the services it offers the running of background, credit, or reference checks as well as the * ` i on - ospective hdministration of tests, surveys, and omer screening devices, pr employees of Cherry Hill and/or EGH as long as such services are priced at reasonable levels and as long as Cherry Hill personnel make all hiring decisions for -Cherry H141 and EGH personnel make all hifing decisions for EGH; F__�9 18M fftn rMl izl YZ F" owl 0 L" 67;� ith LLP Kevin Marc Schatz, Esq. July 6, 2005 Page 3 U f -AU U*11 andr-.MU mild the Licensees would agree that any ads run jointly Y �'I S.T I Alicomply in all respects with New Jersey's regulations regarding co-operative advertising; (g) the Licensees would agree fat Cherry Hill, EGK and Retail Services wound arrange their business dealings to avoid "shifting of profits" among ffir, cn�dfles a Y"ded by Retail Services to Cberry Hill or RGH would be and that any m", ices pro i at muk�Ar rates and Prices; (h) thy;Licensms. woald agree that Cherry H-111 and EGH would continue to comply DthV 44packing VA - &1161, appI " tics iown cable New Jersey laws regarding the pracas out" 71 (i) the Licensees would agree that Cherry Hill and EGH would each keep separe, at books and accounting records, fat each licensee would maintain any records on its premises that are required to be there, and that to the extent the licensees might wish to maintain such records off site, each would, in conformity with New Jersey law, petition the Director for e 'ssion to do so (such permission not to be withheld absent good cause); the Licensees would agree that "Retail Services would register to do business in New Jersey® (k) the Licensees would agree that each license would complete and file full 12 -page applications for their respective upcoming renewals and describe t%,Iperein the ownership arrangements of the other ftee licenses; (1) the Licensees would agree that Retail Services would not act as a source of unpaid personnel to Cherry Hill or EGH;, inm) the Licensees would agree that the employees of Cherry Hill and EGH would be * principally employed in New Jersey and that none would be assigned to Retail prMC Services" offices; (n) the Licensees would agree that David Trone would not permit Retail Services to control the day-to-day operations of Cherry Hill, and that Robert Trone would W P ermit Retail Services to control the day-to-day operations of EGH. In this * regard, all Cherry Hill purchase orders for wine, spirits, or beer would be sent to wholesalers directly from David Trone or from employees of Cherry Hill, and all EGH purchase orders for wine, spirits, or beer would be sent to Wholesalers directly from Robert Trone or from employees of EGH; (o) the Licensees would agree that any credit extended for the operation of Cherry Hill or EGH would be a debt of Cherry Hill or EGH and would not be guaranteed �'h by Retail Services. However, Dav- IL-o-c—ayer:,""--armi�.-o.,ethedebLcrtf� lu LI ILLI Hill and Robert Trone may guarantee the debts of EGH; Reed Smith LLP Kevin Marc Schatz, Esq. July 6, 2005 P" Page 4 7. Cherry Hill, EGH, and Retail Services would agree to implement the proposed ti corrective actions"' within �ix months of the date of entry of each of the respective Consent Orders Is" resolving this matter, 8. The Director would not suspend any of the Licensees' respective licenses so long as they remained in compliance with the terms of this settlement-, 9. The ABC would return the books and records seized from any of the Licensees" licensed businesses in connection with the investigation of this matter - Consent 10. The Licensees would agree that the terms and conditions of each respective o ent Order would attach to that particular license; 11. Each respective Consent Order would state that it represented the conclusion of the ABC's iffivestigatioh of the respective licensed business and that the ABC would not file any charges or pursue any further action against any of the licensed businesses based on any act or failure to act occurring prior to the date of the entry of each of the respective Consent Orders; and 12* Each respective Consent Order would allow for modification or rescission in the event of a change in the law of New Jersey or to comply with an order of a state or federal court, and would allow for amendment of the Consent Order to account for changed or unanticipated business conditions. ran We believe that this letter reflects all of the necessary terms and conditions of the settlement which has been discussed, and we hope that they can form the basis of a lasting resolution to this matter. Please let me know the ABCs thoughts. I look forward to hearing from you. Very truly yours, D SWrH LLP J es F Dial Noun P" OT 9 STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY DAWISION OF ALCOHOLIC BEVERAGE CONTROL LIC. NO. 0252-44-005-003 AGENCY NCS. S -02-31533; H-2002-0094 DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Petitioner, CONSENT ORDER E.G. HOLDING CORPORATION, INC., t/a TOTAL WINE & MORE, Respondent. Kevin Marc Schatz, SDAG, Attorney for Petitioner (Peter C. Harvey, Attorney General, Attorney) James P. Dial, Esq., Attorney for Respondent (.ee xnith, Attorneys) BYTHEDIRECTOR, This matter having been brought before the Director of theDivision of Alcoholic Beverage Control, by the Division of Alcoholic Beverage Control represented by Peter C. Harvey, Attorney General of New Jersey (Kevin Marc Schatz, Senl'orDizputy Attorney General, appearing) and by Respondent, E.G. Holding Corporation, Inc., represented by James P. Dial, Esq., IT IS on this ?� day 2005, hereby ORDERED with the consent of the parties: o 1. R4pondent hereby enters a plea of "non vule' to the Charges under Agency DIct, No. S-02- 31533, that it failed to, produce books of account within seven business. days of demand ("BOOKS2"), thereby waiving the right to any hearing or appeal whatsoever in connection with these charges. 1 0-1 GtS A A 2. Respondent has ag=d to implement the corrective actions set forfn in 'n*xrum , Paragraph 6, attached hereto no later than 6 months from the date of this Order, low LZO [�-_j AGENCY NOS. S-02-31531 H-2002-0094 S-02-31531 Consent Order n irg thamount 3. Respondent has agreed to reimburse Petitioner for its costs of investigatioe of $250.,000. The payment of this reimbursement is due in five (5) equal installments ($50,000 each due by the close of the business day of August 15, 2005; August 15 , 2006; August 15, 2007; August 15, 2008; and August 14, 2009. Each payment shaD be made. by certified check or attorney's account check to "Division of Alcoholic Bzivenrage Control" bearing Agency Dkt. No. S-02-31533 and sent to: low Division of Alcoholic Beverage Control Attn.: Victoria Cummings, Enforcement Bureau 140 East Front Street, P.O. Box 087 Trenton, New Jersey 08625-0087 4. In return for this non vult plea and Respondent's agreement to the terms set forth herein, the Director hereby suspends license for a total of 30 days. However, Respondent shall not be required to actually serve said suspension provided that it has complied in all respects with each and every provision of this Order. The second sentence of the preceding paragraph notwithstanding, failure to implement the aforementioned corrective actions or to make each reimbursement payment in the manner and time set forth above shall result Rn the actual suspension of the license privilege by Order of the Director. Said suspension shall be in proportion to the amount of the ai the date reimbursement yet unpaid or the amount of the payment period remaining from . e da upon which Respondent's non-compliance with the corrective action requirements was P by Petitioner in light of the suspension period set forth above, Said Order may be, issued after an Order to Show Cause proceeding at which Respondent 6 shall have the burden to demonstrate that all of the aforementioned payments which were rewired corrective actions had been timely due had been timely paid or that all req i implemented, depending on the nature of the failure cited by Petitioner. Violation of this Order may be considered by & Director as a separate chargeable violation. her hearings and appeals (and to withdraw all 6. Respondent hereby waives all rights to further on or return of any alcoholic f"'pending appeals related to this matter) and to the repossession beverages or evidence dence, as well as any cash or any other personalty seized in connection with the investigation of this matter, excluding books and records of the licensed business, and Respondent consents to the forfeiture of same and disposition by the Director n accordance with the provisions of N.J.S .33:1-66 and/or NIS.A. 2CI-64-1, et M. 7. This Consent Order concludes and settles all administrative charges which have and/or could have been brought by the Division against Respondent arising out of the, Division's 0 investigation into the orgamzational relationship between Respondent and Retail Services A -e saA ;-n tj);'Is on"- ent Ordear (including attachments). an �iystems, hic., wbich are aU& S %AM4 AAA 1-001W&M N--- - - - Accordingly, the Division will not bring charges or pursue any Anther action against oft Ps" AGENCY NOS. S-02-31533; H-2002-0094 Consent Order Respondent arising from the, afore mcnHoned irwtstigation provided that such violative conduct has ceased no latex than, 6, moriffis ftom the dste of this Consent Order, 8. This Consent Order, terms thereunder, and coTndlfioas imposed are hereby attached to this license. Hence, the existing licensee and, miy pmspective or subsequent transferee of this license takes and is bound by the terms and conditions imposed herein. 9. All exhibits referenced above are incorporated herein by reference as though set forth at length herein, 10. This Consent Order (including attachments) contains the entire agreement by and between the parties. However, nothing herein, in the Alcoholic Beverage Control Act or its regulations prevents Respondent from petitioning the Director for a modification of the PM terms contained herein for good cause shown due to a significant change I in Respondent's financial circumstances or changes in law which pertain to the corrective action taken by Respondent pursuant to this Consent Order. The decision regarding such a petition shall remain within the sole and reasonable discretion of the Director, but shall not be subject to judicial review. low FLSCHER DIRECTOR MR The parties consent to the entry of this Order in the form submitted. PETER C, HARVEY ATTORNEY GENERAL OF NEW JERSEY By: 5;p-�c47 Dated'. 7/z T/0 r - Kevin Marc Schatz� Senior Deputy Attorney General On Behalf of Petitioner owl B Y: Dated: L OC104 i 14Wes iF. Dial, Esq On Beh&U of Rsspondemt 3 of I Page's L--� I F� TLI-1, Reed Smith LLP T Princeton Forrestal Village 136 Main 91reet - Suits 250 jannes F. DIM Princeton, NJ 08540-7839 609.987.0050 Fax 609.951.0824 olract Phone- 609,,520.6025 0 July 69121005 Vji A I?AX RMGULAR MAHL Ke -vin Marc Schatz, FsqQ1 Senior Deputy Attomey General Division of Alcoholic Beverage ContOl 140 East Front Street Post Offica, Box 087 Trenton, New Jersey 08625 Re: In the Matter of the Investl anon of Total Wine & More Agency Docket No. 2002-0094 Dear Kevin: ss to explore avenues by which this matter can be Thank you for your continued wiiiingne 4 resolved. Toward that end, and pursuant to our recent telephone conversations, please accept this letter as Cherry Hill Wine & Spirits, Inc. ("Cherry Bill"), B.G. Holding Corporation, Inc. C'EGH') (collectively, the "Licensees"), and Retail Services and Systems, Inc., C Retail Services")s willingness to agree to a settlement which would include the following terms: 1. Each -of Cherry Hill's two licensed businesses and each of EGH's two licensed * businesses would agree to enter into separate, comprehensive Consent Orders with the AB C memorializing the terms of settlement of this matter.' 2. Each of Cherry Hill's two licensed businesses and each of EGH's two licensed businesses would agree to enter a plea of NON VULT to one charge of "failure to produce books of * It account wlth�n seven business days of demand" ("BOOKST'�, thereby waiving any right to a hearing or appeal in with this matter; 3. The Ucenstes wnWd agree to make paybient to the ABC in the total amount of which shah be apportioned such 1hat each of Cherry Hills two licensed LONDON * NEW YOR9 0 LW MGELF5 $Am FRMCOSC 0 # WASH)NOTON; D.C. 0 FMLAinELPHIA * Prrr$BURGH 4 OAKLAND MUNICH * PRINCETON * FALLS CHURCH 0 %MLWJWGT0N 0 NEWMARK 0 CqDL&M0,5o UXL 0 (DENTuFty CITY ♦* RICHMOND * LEESBURG • reads mr hh. com Steven 1. Picco Office Administrative Partiiert A Llmt'R.4 Liability Partnership fon-ned in the State MR • of Delaware I Mae Pon P" FIN" M" I Kevin Marc Schatz, Esq. Reed Smith LLP July 6, 2005 Page 2 businesses and each of EGH's two ficensed businesses shall contribute monetarily, although not I necessarily in equaU'ncrements; would be payable in five equal last&Umentsi 46 The total payment of $ otbLin thjr�y days of the dale of entry of each of the respeOlve ith the first payment to be madr, Vn with d the four subsequent payments to be made by the anniversary Consent Orders resolvm"g this matter, an VII date of the first payment ,*In calFmdar years 2006, 2007, 2008, and 2009, respectively; would The total payment Of $ a, D would be characterized in each Consent Order n ,,f " estigaRon and shall NOT be characterized as a fine in as reimbursement to the ABC for its cos WIV lieu of suspension; tail Services would agree to undertake the proposed "corrective 6. Cherry Hill, EGH, and Re actions" as follows! a) the Licensees would agree that no entity other than Cherry Hill would have any I icensees opprate leasehold interest in the property in which the two Cherry Hill I' and that no entity other than EGH would have any leasehold 'Interest in the P roperty in which the two EGH licensees operate; (b) the Licensees would agree that the people who run the day-to-day operations of the Cherry Hill licenses and who are ultimately accountable to David Trona in that regard would all be employees of Cherry Hill, and that the people who run the day-to-day operations of the EGH stores and who are ultimately accountable to Robert iron in that regard would all be employees of-EGH. In that regard, Mike Moran ( or any successor) would be an employee of Cherry Hill and John Canglalosi or any successor) would be an employee of EGH. The Licensees also would agree that no employee of Cherry Hill would work for EGH, or vice versa; &a, - (c) the Licensees would agree that Chevy Hill and EGH would each enter into written contracts with Retail Services for bookkeeping services and that those ced to Cherry Hill and EGH at "reasonable, levels. To the services would be pri extent that Retail Services would provide other business services to Cherry Hill orl EGH, those services and their prices would be set forth 'in a written contract. The Licensees also would agree that any payment made by ( ' herry Hall or EGH to Retail Services would be based on an invoice 'issued by Retail Services prior to payment; Id agree that any supplies or non-alcoholic beverages sold by (d) the Licensees wou Retail Services to either Cherry Hill or EGH would be priced and invoiced at reasonable levels) Include within the services it (e) the Licensees would agree that Retail Services can in 0 tTers flnic imnnil nn gr 0 ff br ar .,It .ground, credit, or reference checks as well as the administration of tests, surveys, and other screening devices, on prospective employees of Cherry Hill and/or EGH as long as such services are priced at 1$ 0 reasonable levels and as long as Cherry Hill persorwel make all hiring decisions for Cherry Hill and EGH personnel make all hifing decisions for FGH FZR ["I f"PI Ll=�, 0 =1 0 Kevin Marc Schatz, Esq. July 6, 2005 r agiz � 0 V U 01% UNI and PrTW WmM { } the Licensees would agree that any ads run j ounly Y 16TL.Y 01 01 comply in 611 respects with New Jersey's regulations regarding co-operative advertising; mes would (g) the Licensees would agree that Cherry Hill, EGH, and Rets@ Sery' Res arrange their business dealings to avoid "shifting of profits" among tbfend'd and that any services provided by Retail Services to Cherry HIM or EGH . would bt; at market rates and prices; (h) the Licensees would agree that Cherry Hill and EGH would continue to comply with all applicable New Jersey laws regarding the practice known as Upacking oUt;II the Licensees would agree that Cherry Hill and EGH would each keep separate booL-s and accounting records, that each licensee would maintain any records on itspremises that are required to be there, and that to the extent the licensees might 1 conformity with New Jersey wish to maintain such records off site, each would, in law, petition the Director for permission to do so (such permission not to be withheld absent good cause); the Licensees would agree that Retail Services would register to do business in New Jersey; �c) the Licensees would agree that each license would complete and file full 12 -page J-Pplicafions for their respective upcoming renewals and describe therein the ownership arrangements of the other three licenses; �l}the Licensees would agree that Retail Services would not act as a source of unpalad personnel to Cherry Hill or EGH; the Licensees would agree that the employees of Cherry Hill and EGH would be C }* 6 pnneipally employed in New Jersey and that none would be assigned to Retail Services' offices; (n) the Licensees would agree that David, Trone would not permit Retail. Services to control the day-to-day operations of Cherry Hill, and that Robert Trone would not A ermit Retail Services to control the day-to-day operations of EGH. In this regard, all Cherry Hill purchase orders for wine, spirits, or beer would be sent to wholesalers directly from David Trone or from employees of Cherry Hill, and all EGH purcWise orders for wine, spirits, or beer would be sent to wholesalers directly from Robert Trone or from employees of EGH; (o) the Licensees would agree that any credit extended for the operation of Cherry Hill or EGH would be a debt of Cherry Hill or EGH and would not be guaranteed r% of Chet 6uwant the tootChenj by Retail Services. However, David Trone may 4 -cc t1w oleab" Hill and Robert Trone may guarantee the debts of EGH; Reed Smith LLP IZZ 0 5; -dl 0 Kevin Marc Schatz, Esq, Reed Smith LLP July 6, 2005 Page 4 # 7. Cherry Hill, EGH, and Retail Services woWd agree to implement the proposed it IV I corrective actions" within six months of the date of entyy of each of the respect' e Consent Orders resolving this matter; 8, The Director would not stipend any of the Licensees' respective licenses so long as they remained in compliance with the terms of this settlement; 9. The ABC would return the books and records seized from any of the Licensees' licensed businesses in connection with the investigation of this matter; 10. The Licensees would agree that the terms and conditions of each respective Consent Oider would attach to that particular license; 11® Each respective Consent Order would state that it represented the conclusion of the ABC's *investigation of the respective licensed business and that the ABC would not file any charges or pursue any farther action against any of the licensed businesses based on any act or failure to act occurring prior to the date of the entry of each of the respective Consent Orders; and 12. Each respective Consent Order would allow for modification or rescission in the event of a change in the law of New Jersey or to comply with an order of a state or federal court, and would to.$ allow for amendment of the Consent Order to account for changed or unanticipated business conditions. We believe that this letter reflects all of the necessary terms and conditions of the settlement which has been discussed, and we hope that they can form the basis of a lasting resolution to this matter. Please let me know the ABC's thopghts. I look forward to hearing from you. Very truly yours, D SMITH LLP S 4 ies F. Dial