KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD

 

In the matter of:                                                                                                                                                                     

            The Masters, Inc.                                     )                       Case No. 05-ABC-055

            DBA Dad’s Convenience Mart              )

            924 East Broadway                                )                       056-B-8270

            Louisville, KY 40204                               )                       (05-056-0286-3)

 

 

FINAL ORDER

 

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Introduction

 

This case was brought on for hearing before the Kentucky Alcoholic Beverage Control Board on August 25, 2005, pursuant to a Orders directing the Licensee to show cause, if any it could, why its alcoholic beverage license should not be suspended or revoked because of alleged violations of: (1) KRS 244.480, Sunday sales of malt beverages; and, (2) KRS 243.490, Violation of terms of prior Board order.

The hearing was held before the full Board, Chairman Lavoyed Hudgins presiding.   Mr. Mukhtar Ahmad, a representative of the Licensee Corporation, was present without counsel. The Hon. David W. Barr represented the Office of Alcoholic Beverage Control.  The Office orally moved that case number 04-ABC-097 be reopened and joined with the instant action.  This Motion was granted.

Findings of Fact/Conclusions of Law

Based upon the testimony and evidence presented at the hearing, the record herein, having considered the arguments, and being otherwise sufficiently advised, the Board, pursuant to KRS 243.550, hereby makes the following findings:

            On Sunday, October 17, 2004, ABC Investigator Paul Humphrey and Louisville/Metro Detective Eric Johnson were conducting alcohol sales investigations in a geographic area of the city of Louisville containing the licensed premise, The Masters, Inc., d/b/a Dad’s Convenience Mart.  Investigator Humphrey stated that Sunday alcohol sale hours for distilled spirits, wine and malt beverages are restricted in the city of Louisville to after 1:00 p.m.   Investigator Humphrey and Detective Johnson arrived at the premise in an unmarked vehicle and parked in front of the premises’ entrance.  The officers had a clear view of the cash register inside the premise.  At 11:22 a.m., Detective Johnson entered the premise; walked to the beer cooler; and, removed a 24 oz. bottle of Miller Lite beer.  He took the beer to the cash register; placed in on the counter; gave money for the beer to the cashier; received change; left the premise; and, returned to the vehicle.   Investigator Humphrey witnessed this sale.  Investigator Humphrey then entered the store and confronted the cashier.  The clerk, Muhammad Tariq, who is also a corporate officer of the Licensee, denied selling the beer to Detective Johnson.  Detective Johnson reentered the premises and the clerk was asked again if he made the sale.  He then admitted he made the sale to Detective Johnson.  Investigator Humphrey testified that during the time of the sale and for an undetermined time prior, the beer cooler was not locked.   Mr. Muhammad Tariq entered a guilty plea to a charge of KRS 244.480 in Jefferson District Court on November 15, 2004.

            The Board takes administrative notice of two (2) prior Board orders against the Licensee. 

            (1)  Case No. 04-ABC-097, entered September 10, 2004.  In that case, the Licensee was cited for a violation of: (1) KRS 244.080(1), Sale to a minor, and (2) KRS 244.087 and KRS 244.090(1)(c), Employment of person under age 18.[1]  The Licensee entered an admission to the charges on September 7, 2004.  In Case No. 04-ABC-097, the Licensee’s Retail Beer License was suspended for a period of fifty-five (55) days.  The Licensee was granted the option of payment of a fine in lieu of forty (40) days.   Payment was made, and the remaining fifteen (15) suspension days were probated upon the conditions that the license train its current employees, whether full- or part-time, through the Office’s STAR program, and have no further violations of the alcohol laws for a period of one (1) year from the date of the final order.  The date of the Final Order was September 10, 2004.

            (2)  In Case No. 02-ABC-224, entered November 20, 2002, the License admitted to charges of: (1) KRS 244.080(1), Sale to a minor; (2) KRS 243.620(1), Failure to display license; and, (3) KRS 244.360 and 804 KAR 7:050, License number to be posted on front   window.  The Licensee paid a fine of $1,000.00 in lieu of a twenty (20) day suspension of its licenses.

            Based upon the admission and the record herein, and being otherwise sufficiently advised, the Board finds the facts to be as set out in the Order to Show Cause.

Disposition

 

            IT IS, THEREFORE, ORDERED that:

            1.         In Case No. 04-ABC-097, the fifteen (15) suspension days are hereby reinstated.  The fifteen (15) day suspension shall begin at the opening of business at 6:00 o’clock a.m. on Monday, October 3, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Tuesday, October 18, 2005.

2.         In Case No. 05-ABC-055, Retail Beer License No. 056-B-8270 is suspended for a period of fifteen (15) days.  The Licensee is granted the option of payment of a fine in lieu of the fifteen (15) suspension days at the rate of $50.00 per day, a total payment of $750.00.

3.         On or before Monday, October 3, 2005, 2005, the Board Secretary must receive payment by cashier’s check, money order, or certified check in the amount of $750.00 made payable to the Kentucky State Treasurer.  If the Licensee fails to tender the fine payment on or before said date, the fifteen (15) day suspension shall begin at the opening of business at 6:00 o’clock a.m. on Tuesday, October 18, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Wednesday, November 2, 2005.

Appellate Rights

 

All final orders of the Board may be appealed to Franklin Circuit Court in accordance with KRS 13B.140(1).  To appeal, you should file a petition in Franklin Circuit Court within thirty (30) days after the mailing date of this Final Order.  Copies of the petition must be served upon the Office and all parties of record in this proceeding.  The petition shall include the names and addresses of all parties of record in this proceeding, including the Office.  The petition shall also present a statement of the grounds upon which the review is requested.  A copy of this Final Order shall accompany the petition.


SO ORDERED this the _________ day of _____________, 2005.

                                                ALCOHOLIC BEVERAGE CONTROL BOARD

                    

                                                            _____________________________________                                                                         LAVOYED HUDGINS

                                                            CHAIRMAN

 

                                                            _____________________________________

                                                            STEVEN A. EDWARDS

                                                            DISTILLED SPIRITS ADMINISTRATOR

 

                                                                                               

                                    _____________________________________

                                                            JOHN C. BARTON

                                                            MALT BEVERAGE ADMINISTRATOR

 

                                                                       

 

 

 

 

 

ATTEST:

 

 

_______________________________

ANGELA F. DONAHUE

BOARD SECRETARY  


SERVICE LIST:

 

CERTIFIED MAIL:

 

The Masters, Inc.

DBA Dad’s Convenience Mart

924 East Broadway

Louisville, KY 40204

 

Mukhtar Ahmad, Process Agent

The Masters, Inc.

924 East Broadway

Louisville, KY 40204

 

REGULAR MAIL:

 

William P. Schreck

City ABC Administrator

C/o Cathy Mosby

Louisville Metro ABC

810 Barret Ave., Room 134

Louisville, KY 40204

 

Investigator Humphrey

 

Files

 

 

 



[1] Mr. Muhammad Tariq, the person charged with violations in the present case, is the same Mr. Muhammad Tariq charged in Case No. 04-ABC-097.