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 March 22, 2005, pursuant to an order directing the Licensee to show cause, if any it could, why its alcoholic beverage licenses should not be suspended or revoked because of alleged violations of: (1) KRS 244.080(1), Sale to a Minor; and, (2) KRS 243.500(5), Tax Delinquency.

Findings of Fact/Conclusions of Law

Prior to a hearing being held, the Licensee, through its Owner, Mr. Brad Alford, admitted the violations by letter dated March 18, 2005. In mitigation, the Licensee has agreed to train its employees through the Office of Alcoholic Beverage Control’s Server Training in Alcohol Regulations (“STAR”) program.

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. Retail Beer License No. 087-B-7434 and Restaurant Drink License No. 087-RD-2286 are 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, May 30, 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, May 31, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Friday, June 17, 2005.

4. The remaining ten (10) suspension days shall be conditionally discharged (probated) upon the conditions that the Licensee: (1) 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, (2) shall have no further violations of the alcoholic beverage laws for a period of one (1) year 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, May 30, 2005. 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, July 27, 2005.

6. If the Licensee fails to comply with any of the terms of conditional discharge (probation) contained this order, 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, July 28, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Tuesday, August 9, 2005.

7. The Licensee shall pay its tax delinquency in full or enter into a payment agreement with the Kentucky Department of Revenue within thirty (30) days from the date of this Agreed Final Order. Failure to do so on or before Monday, May 30, 2005, shall result in the REVOCATION of Retail Beer License No. 087-B-7434 and Restaurant Drink License No. 087-RD-2286 at the beginning of business at 6:00 o’clock a.m. on Tuesday, May 31, 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:

Sterling Entertainment, LLC

DBA Sterling Saloon

32 South Maysville Road

Mt. Sterling, KY 40353

Michael R. Colett, Process Agent

Sterling Entertainment, LLC

32 South Maysville Road

Mt. Sterling, KY 40353

REGULAR MAIL:

Eddie Toy

City ABC Administrator

33 North Maysville Street

Mt. Sterling, KY 40353-1301

Ms. Brandi Shular

Enterprise Collections Branch
Division of Collections
P. O. Box 491
Frankfort, KY 40602

Investigators Gleason, Razor, Wilson

Education Branch

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