DECISION

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

On May 5, 2006 ABCC investigators visited the above referenced establishment and observed 2 youths in possession of alcohol. Investigator Wilichowski asked Ms, Richards, a minor for ID. She produced her own Massachusetts driver’s license, which showed her date of birth to be 6/2//86 age 19. She also had a valid Massachusetts driver’s license, which did not resemble her. Investigator Wilichowskii stated that they had different shape faces and that one of the women was 5’4” and the other was 5’1”. They also had different eyebrows.

Andre Mikhael testified that he believed the two women did look like each other and that because it was 11:30pm and dark, he believed that the picture of the valid driver’s license looked like Ms. Richards.

Roger Bachour testified that the doorman carded Ms. Richards.

Based on the testimony and 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 §34C- Possession of an alcoholic beverage by a person under 21 years of age and, therefore suspends the license for a period of 10 days. The suspension was increased because this was a second violation within one year and 4 days had been suspended for one year on March 6, 2006.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner______________________________________________

Robert H. Cronin, Commissioner_____________________________________________

Dated at Boston, Massachusetts this 20th 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.