In the matter of:
The Masters, Inc. ) Case No. 05-ABC-055
DBA Dad’s Convenience Mart )
924 East Broadway ) 056-B-8270
****** ***** ***** ***** *****
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
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
The Board takes administrative notice of two (2) prior Board orders against the Licensee.
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),
(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.
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.
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
STEVEN A. EDWARDS
DISTILLED SPIRITS ADMINISTRATOR
JOHN C. BARTON
MALT BEVERAGE ADMINISTRATOR
ANGELA F. DONAHUE
The Masters, Inc.
DBA Dad’s Convenience Mart
924 East Broadway
Mukhtar Ahmad, Process Agent
The Masters, Inc.
924 East Broadway
William P. Schreck
City ABC Administrator
C/o Cathy Mosby
 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.