DECISION
A Commission hearing was held to determine whether the licensee Beacon Beverage Co., Inc. dba Mall Discount Liquors violated 204 CMR 2.05(2)-Permitting an illegality on the licensed premise, to wit: MGL Ch. 138, §34- Sale of alcoholic beverages to a person under 21 years of age (2 counts).
The licensee stipulated to the facts of the investigator report dated May 10,
2006. The report states on May 10, 2006 ABCC investigators observed the business
operation of Mall Discount Liquors. They noticed a youthful looking male exit
the premise with alcoholic beverages. The young man DOB 3/5/87 (age 19) was
in possession of a
12 pack of Presidente beer and a 1-liter bottle of Bacardi Rum. He presented
an Employment Authorization Card belonging to another person who did not resemble
the young man.
Thirty minutes later another young male exited the licensed premises carrying a 30 pack of Pabst Blue Ribbon beer, a 6 pack of Allagash beer and a 6 pack of Labbats Blue beer. The young man DOB 1/1/86 (age 20) showed the investigators a New Jersey license with his picture on it. The license was of poor quality when compared to a real New Jersey license.
The Commission finds the licensee violated 204 CMR 2.05(2) permitting an illegality on the licensed premise, to wit: MGL Ch. 138, §34 -Sale of alcoholic beverages to a person under 21 years of age (2 counts) and therefore, suspends the license for 7 days, 4 days are to be served and the balance to be continued for 1 year providing no further violations of Chapter 138 or Commission regulations are found.
ALCOHOLIC BEVERAGES CONTROL COMMISSION
Robert H. Cronin, Commissioner __________________________________________
Suzanne Iannella, Commissioner __________________________________________
Dated at Boston, Massachusetts this 27th day of June 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.