DECISION

This was a hearing concerning alleged violation of Ch.138 §33- Sale and delivery of alcoholic beverages on election days, Sundays and legal holidays (1 Count) and Ch. 138 §18- Acting as a wholesaler of AB without being properly licensed (1 Count).

The licensee stipulated to the facts contained in the investigators report dated June 7, 2006.

The report states on June 7, 2006 A.B.C.C. investigators entered the Prasad Corporation to look into a complaint that it was selling alcohol on Memorial Day. They asked to see the invoices for Monday, May 29, 2006. The invoices indicated beer and wine sales of $531.95 on that date.

The investigators also noticed an account with G&G Quick Bite, Inc., which holds an on premise beer and wine license. the invoices showed beer purchases by G&G Quick Bite from May 29, 2006 and June 5, 2006.

At the hearing Investigators stated the licensee was very cooperative and may have been unaware of violating Chapter 138 §18. The owner stated he was away on a retreat and had failed to let his wife know that she could not sell alcohol on Memorial Day.

Administrative review of the file indicates this was the first violation of Prasad Corporation since purchasing the business in 2004.

The Commission finds the licensee did violate Ch.138 §33- Sale and delivery of alcoholic beverages on election days, Sundays, and legal holidays (1 Count) and issues a warning. The Commission also finds the license violated §18- Acting as a wholesaler of Alcoholic beverages without being properly licensed (1 Count) and therefore suspends the license for 5 days the suspension is held in abeyance for a period of one 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 8th 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.