DECISION

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 of alcoholic beverages to a person under twenty-one years of age (1 Count).

The licensee stipulated to the facts of the investigator’s report.

ABCC investigators observed a youth with a date of birth of 4/18/88 purchase a six pack of Smirnoff Grape. The minor told investigators that he was not carded.

The licensee has been T.I.P.S trained and has sent all his employees to T.I.P.S. The licensee has been selling beer and wine at this location for 18 years.

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 of alcoholic beverages to a person under twenty-one years of age (1 Count) and, therefore, suspends the license for a period of 6 days, of which 3 days will be suspended for one year providing no violations of Ch. 138 or Commission regulations are found.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner____________________________________________

Eddie J. Jenkins, Chairman ________________________________________________

Dated at Boston, Massachusetts this 25th 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.

EJJ/kac