This was a hearing concerning alleged violation of 204 CMR 2.05 (2) permitting an illegality on the licensed premises, to wit: Ch.138, §34 sale or delivery of an alcoholic beverage to a person under twenty-one years of age.

The licensee stipulated to the facts of the investigator’s report which states that an underage operative, working under the supervision of ABCC investigators, purchased a 40 oz. Bud for $2.85. The minor was not asked for ID.

The Hopkinton police informed Investigator Carey that the licensee has not had any previous violations. The licensee stated that he has instructed his staff that anyone who looks under 40 should be carded. He has installed a video system in the store so that he can view the establishment from his home. He is also planning to send his employees to alcohol awareness training.

Based on the evidence, the Alcoholic Beverages Control Commission finds that the licensee violated 204 CMR 2.05 (2) permitting an illegality on the licensed premises, to wit: Ch.138, §34 sale or delivery of an alcoholic beverage to a person under twenty-one years of age and, therefore, suspends the license for a period of 5 days of which 5 days will be suspended providing no other violations of Ch. 138 or Commission regulations are found within 1 year.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner ____________________________________________

Robert H. Cronin, Commissioner _________________________________
Dated at Boston, Massachusetts this 8th day of March 2006.

You have the right to appeal this decision to the Superior Court under the provisions of Chapter 30A of the Massachusetts General Laws within thirty days of receipt of this decision.