Re: Cumberland Farms of MA, Inc.
d.b.a.: Cumberland Farms
Premise: 139 South Street
City/Town: Plainville, MA 02762
Heard: June 27, 2006

DECISION

A Commission hearing was held to determine whether Cumberland Farms of MA, Inc. d.b.a. Cumberland Farms violated Ch. 138 §34- Sale and delivery of an alcoholic beverage to a person under the age of twenty-one.

The licensee stipulated to the facts of the investigator’s report dated, May 6, 2006. A.B.C.C. investigators observed the business operation of Cumberland Farms at 139 South Street, Plainville, MA. They approached a young male who exited the store after purchasing a thirty pack of Bud Light. The young mans D.O.B. was 05/09/1986 (age 19). The youth produced a false identification card, which he used inside the store.

Administrative review indicates this was the first violation by the licensee in 9 years of ownership. The Commission finds the licensee did violate Ch.138 §34- Sale and delivery of an alcoholic beverage to a person under twenty-one years of age (1 Count) and, therefore suspends the license for a period of 4 days. However, due to the facts that there have been no previous violations in 9 years, the suspension is held in abeyance for a period of 1 year providing no further violations of Chapter 138 or Commission Regulations occur.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Robert H. Cronin, Commissioner_____________________________________________

Suzanne Iannella, Commissioner______________________________________________

Dated in Boston, Massachusetts this 2nd day of August 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.

RHC/kac