A Commission hearing was held to determine whether the licensee Millerco Corporation dba Courtyard Restaurant 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.

The licensee stipulated to the facts of the investigator’s report. The violation was found pursuant to a sting operation conducted by the ABCC and the Bourne Police.

On Thursday January 19, 2006 an undercover operative (age 19) ordered and was delivered a 12 oz. Budweiser. The operative was not asked for identification prior to delivery.

The licensee testified this was their first violation in fourteen years of ownership. He stated all the bartenders and doormen are T.I.P.S certified.

Administrative review of the file indicated no prior ABCC violations in fourteen years of ownership.

The Commission finds the licensee did violate 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, issues a warning based on administrative review of the file.

Alcoholic Beverages Control Commission

Robert H. Cronin, Commissioner ___________________________________________

I, the undersigned, hereby certify that I have reviewed the hearing record and concur with the above decision.

Suzanne Iannella, Commissioner ____________________________________________
Dated at Boston, Massachusetts this 12th of April 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.