Re: Rockmore Company Inc.
Premises: 423 Ocean Avenue
City/Town: Marblehead MA 01945
License: ABS
Heard: October 4, 2005

DECISION

This was a hearing concerning an alleged violation of 204 CMR 19.03 (2) A copy of the current United States Coast Guard Certificate of Inspection or temporary Certificate of Inspection must accompany each application including renewals and 204 CMR 2.05 (2) permitting an illegality on the licensed premises, to wit: 780 CMR 121.1 overcrowding.

Investigator Caroline Guarino-Wilichoski submitted her report, which stated that she had received a telephone call from an officer of the United States Coast Guard relative to a request for help from the coast guard concerning overcrowding on the Rockmore.

Sergeant Peter Guilford of the Salem Police Department, who is also the harbormaster, received a complaint that the public float was overcrowded. Officer Gikas informed the sergeant that the public float was very overcrowded. Officer Gikas also believed that the Rockmore was overcrowded.

Petty Officer Erik Jones of the United States Coast Guard testified that he believed that there were about 300 people on the boat. Using a chart board, Petty Officer Jones drew pictures of the Rockmore as well as the boat that was right next to the Rockmore. He pointed out that due to the overcapacity the Rockmore was actually sinking deeper into the water than normal. Six launches removed about 30 people for a total of 180 individuals. The capacity of the Rockmore is 131 passengers and 10 crew, 1 master and 1 deck hand for a total of 143 individuals.

Mr. Noyes, the husband of the owner stated that the Rockmore Company, Inc. has been operating for 19 years. He disputes the testimony of all the above-mentioned witnesses.

Based on the evidence, the Alcoholic Beverages Control Commission finds that the licensee violated 204 CMR 19.03 (2) A copy of the current United States Coast Guard Certificate of Inspection or temporary Certificate of Inspection must accompany each application including renewals and, therefore, suspends the license for 3 days and 204 CMR 2.05 (2) permitting an illegality on the licensed premises, to wit: 780 CMR 121.1 overcrowding and, therefore, suspends the license for a period of 4 days. Total suspension is 7 days which will be served in June of 2006 as evidenced by the attached.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Suzanne Iannella, Commissioner _________________________________________

Robert H. Cronin, Commissioner _______________________________________
Dated at Boston, Massachusetts this 19th day of October 2005.

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.