Re: Portuguese-American Center, Inc.
Premises: 59 Charles Street
City/Town: Lowell, MA 01852
License: AB-Club
Heard: February 15, 2005

Decision

A Commission hearing was held to determine whether Portuguese-American Center, Inc. (“licensee”) violated 204 CMR 2.05(1)- permitting gambling (1 count).

Investigator Paul Capurso testified that on October 8, 2004 at approximately
4 p.m. he and Investigator Hooton entered the licensed establishment to determine the manner in which the business is conducted. The investigators observed 3 patrons playing 3 video poker machines, which were located next to the bar. One of the patrons stopped playing and approached the bar at which time the bartender pressed a red button located on a mechanical counter. The mechanical counter began counting the points, which stopped at the number 200. The bartender then reached into the cash register and gave the poker player US currency in the amount of $50.00. Investigator Capurso then placed a $5 bill into a machine and received 20 credits. Investigator Capurso had the bartender tally his credits as further evidence. Investigator Capurso testified that based upon his training and experience that the video poker games were illegal gaming at which point he confiscated the 3 video poker counters as evidence.

The licensee did not dispute the investigator’s testimony but offered as evidence in disposition a document titled Response to Violation (Exhibit A). Said document purports to show all the community and charitable service the licensee does. Luis Silva, President, signed the document. Unfortunately for the licensee there is a history of illegal activities including drug activity on the licensed premises as recent as year 2000 and although this Commission did not consider said offenses due to the lapse of time we do take in consideration that the manager was the same.

It is clear to this Commission that the licensee has not learned from its earlier experience of dealing in illegal activity and therefore, we allow no mitigation of circumstances in this case. Therefore, the Commission finds that the licensee violated 204 CMR 2.05(1)- permitting gambling (1 count) and suspends said license for a period of 5 days of which a fine in lieu of suspension will be not accepted.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Eddie J. Jenkins, Chairman _______________________________________________

Suzanne Iannella, Commissioner __________________________________________

Robert H. Cronin, Commissioner __________________________________________

Dated at Boston, Massachusetts this 11th day of March 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.