Re: Italian American Benevolence Association, Inc.
Premises: 210 Winter Street
City/Town: Haverhill, MA 01830
License: AC
Heard: February 15, 2005

DECISION

This was a hearing concerning alleged violation of 204 CMR 2.05(1) permitting gambling.

The licensee admitted to the facts of the investigator’s report (Exhibit 2). The report states that on December 4, 2004 ABCC investigators inspected the business operation of the Italian American Benevolence Association, Inc. Their attention was drawn to poker machines in the bar room. The investigators asked the bartender if he or the licensee paid off on the video poker machines. The bartender replied yes and explained the process to the investigators. The bartender, Mr Nathaniel Page was notified of the violation and the investigators exited the premises.

The attorney for the licensee stated that the bartender had been fired and the video poker machines have been removed from the premises

The Commission finds that the licensee violated 204 CMR 2.05(1) permitting gambling. Administrative review of the file reveals no prior violations and, therefore, suspends the license for a period of 5 days of which 3 days shall be imposed and 2 shall be suspended for 1 year providing no further violations of Chapter 138 or Commission regulations are found.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Robert H. Cronin, Commissioner __________________________________________

Suzanne Iannella, Commissioner __________________________________________
Dated at Boston, Massachusetts this 18th of February 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.