KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD

 

In the matter of:                                                                                                                                                                     

            S & A Food Mart, LLC                           )                       Case No. 05-ABC-155

            DBA Marathon Food Mart                     )

            1161 Centre Parkway                            )                       034-B-4547

            Lexington, KY 40517                              )                       (05-034-0142-3)

 

AGREED FINAL ORDER

 

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Introduction

 

This case was scheduled to be brought on for hearing before the Kentucky Alcoholic Beverage Control Board on August 25, 2005, pursuant to an order directing the Licensee to show cause, if any it could, why its alcoholic beverage license should not be suspended or revoked because of a violation of KRS 244.080(1), Sale to a Minor.

Findings of Fact/Conclusions of Law

 

            Prior to a hearing being held, the Licensee, through its President, Mr. Kareemeh Shalash, and the Board entered into a settlement agreement in resolution to the above violations by letter dated August 22, 2005. 

            Based upon the admission, settlement agreement, 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.                  Retail Beer License No. 034-B-4547 is suspended for a period of twenty-five (25) days.

2.                  The Licensee is granted the option of fine payment in lieu of fifteen (15) suspension days at the rate of $50.00 per day, for a total payment of $750.00.

3.                  On or before Monday, September 26, 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 twenty-five (25) day suspension shall begin at the opening of business at 6:00 o’clock a.m. on Tuesday, September 27, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Wednesday, October 26, 2005.

4.                  The remaining ten (10) suspension days shall be conditionally discharged (probated) upon the conditions that the Licensee:  (1) shall provide a list of all current employees within thirty (30) days of the date of this final order; (2) shall train all current employees, whether full- or part-time, who are involved in the handling, serving, or selling of alcoholic beverages, through the Office’s STAR program, within ninety (90) days of the date of this final order; and, (3) shall have no further violations of the alcoholic beverage laws for a period of two (2) years from the date of the violation herein.

5.                  The Licensee shall send a written list of all current employees to the Office’s Education Branch at 1003 Twilight Trail, Frankfort, KY  40601 on or before Monday, September 26, 2005.  If the Licensee fails to comply with this term of conditional discharge (probation), the ten (10) remaining suspension days shall be served and shall begin at the opening of business at 6:00 o’clock a.m. on Tuesday, September 27, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Saturday, October 8, 2005.  Should a listed employee’s employment be terminated before he is trained, any person hired thereafter shall be trained in his place.

6.                  The Licensee shall further contact the Office’s Education Branch at (502) 564-4850 to arrange for the listed employees’ STAR training.  All listed employees must successfully complete STAR training, on or before Wednesday, November 23, 2005, 2005.

7.                  If the Licensee fails to comply with this term of conditional discharge (probation), the ten (10) remaining suspension days shall be served and shall begin at the opening of business at 6:00 o’clock a.m. on Thursday, November 24, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Tuesday, December 6, 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:

 

CERTIFILED MAIL:

 

S & A Food Mart, LLC

DBA Marathon Food Mart

1161 Centre Parkway

Lexington, KY 40517

 

Kareemeh Shalash, Process Agent

S & A Food Mart, LLC

1161 Centre Parkway

Lexington, KY 40517

 

 

REGULAR MAIL:

 

Frank Wilson

ABC Administrator

150 East Main Street

Lexington, KY 40507

 

Investigators Wells, Newell

 

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