DECISION

A Commission hearing was held to determine whether Torcia & Sons, d.b.a. The Fat Cat 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 (1Count).

The licensee did not appear at the hearing to dispute the charges.

Investigator Binienda entered his report as Exhibit I. The report states on June 10, 2006 ABCC investigators observed the business operation of The Fat Cat. They noticed a young woman DOB 11/29/1985 (age 20) in possession of a vodka and cranberry alcoholic beverage. She presented a Connecticut drivers license of a person who did not look like her. She told the investigators she was not asked for identification when she entered the establishment.

Administrative review of the file indicates a previous violation in September of 2005.

Based on the evidence the Commission finds 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 (1 Count) and, therefore suspends the license for a period of 7 days.

Alcoholic Beverages Control Commission

Robert H. Cronin, Commissioner_____________________________________________

Suzanne Iannella, Commissioner______________________________________________

Dated at Boston, Massachusetts this 28th 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.