DECISION

This was a hearing concerning alleged violation of 204 CMR 2.05(2) Permitting an illegality on the licensed premise to wit: Ch.138§ 34c- Possession of an alcoholic beverage by a person under 21 years of age (4 counts).

The hearing was called for 10:30 A.M. and the licensee failed to appear by 11:50 A.M. The Commission notes that the envelope which contained the notice of hearing was returned unclaimed.

Investigator Michael Teehan submitted his report, which stated that ABCC investigator’s visited the above referenced establishment and observed 4 youthful patrons with Bud Select bottles. All 4 minors were 19 years of age and 3 of them used fake Mass ID cards (exhibit II), which is not an acceptable form of identification under M.G.L. 138 §34B.

Based on the testimony, the Alcoholic Beverages Control Commission finds that the licensee violated 204 CMR 2.05(2) Permitting an illegality on the licensed premise to wit: Ch.138 §34C- Possession of an alcoholic beverage by a person under 21 years of age
(4 counts).

The Commission took administrative notice of the file, which indicates that on February 15, 2006, the licensee was given a suspension of 149 days of which 74 were suspended for 2 years. Therefore, the Commission must suspend the license for a period of 74 days for the previous violation and 25 days for the current suspension. The total suspension is 99 days.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner____________________________________________

Eddie J. Jenkins, Chairman _______________________________________________

Dated at Boston, Massachusetts this 17th of May 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.