DECISION

This was a hearing concerning alleged violation of CH.138 §34 - Sale and delivery of an alcoholic beverage to a person under the age of 21.

The licensee stipulated to the facts of the investigator’s report which stated that ABCC investigators observed a youthful looking male leave the establishment with 2 Bud Light beer balls. The minor whose date of birth is 4/19/86 age 20 told investigators that he used a Maine driver’s license (exhibit III) for ID. The diver’s license was expired.

A decision dated June 29, 2005 gave the licensee a 5-day suspension with 2 days suspended for 1 year. Based on the testimony, the Alcoholic Beverages Control Commission finds that the licensee violated Ch.138 §34 sale and delivery of an alcoholic beverage to a person under 21 years of age and, therefore, suspends the license for a period of 6 days.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner _____________________________________________

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

Eddie J. Jenkins, Chairman__________________________________________________

Dated in Boston, Massachusetts the 24th day 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.