AMENDED AGREED FINAL ORDER

****** ***** ***** ***** *****

Introduction

This case was scheduled to be brought on for hearing before the Kentucky Alcoholic Beverage Control Board on February 15, 2005, pursuant to Orders 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 243.500(7), Gambling; (2) KRS 244.090(1)(b), Prohibited Employee; (3) KRS 244.080(2), Sales to intoxicated persons; and, (3) KRS 243.500(5), Tax Delinquency.

Findings of Fact/Conclusions of Law

Prior to a hearing being held, the Licensee through its Attorneys, the Hon. John L. Smith and Hon. Ronald L. Cook, agreed not to contest the violations by letter dated January 24, 2005. In mitigation, the Licensee and the Board have entered into an agreement in resolution of the charges. The Licensee has agreed to train its employees through the Office of Alcoholic Beverage Control’s Server Training in Alcohol Regulations (“STAR”) program. The Board takes administrative notice of the fact that the Licensee has resolved Charge 2 and has satisfied its tax delinquency with the Revenue Cabinet as set forth in Charge 4.

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. Charge 2 and Charge 4 are dismissed;

2. Retail Beer License No. 056-RB-9748, Restaurant Drink License No. 056-RD-1088 and Limited Sunday Drink License No. 056-LS-905 are suspended for a period of three hundred (300) days.

3. The Licensee shall not sell, serve or deliver any alcoholic beverages during the first twenty (20) days of suspension. The twenty (20) suspension days shall begin at the opening of business at 6:00 a.m. on Monday, May 23, 2005, and shall end at the opening of business at 6:00 a.m. on Sunday, June 12, 2005.

4. The Licensee is granted the option of fine payment in lieu of the remaining two hundred eighty (280) suspension days at the rate of $50.00 per day, for a total payment of $14,000.00, payment of which is hereby acknowledged.

5. The Licensee shall: (a) 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, (b) shall have no further violations of the alcoholic beverage laws for a period of one (1) year from the date of this final order.

6. 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 23, 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 20, 2005.

7. For a period of two (2) years from the date of this Final Order, the licensee shall: (a) post a sign indicating that it reserves the right to refuse alcohol sales to any impaired person; (b) increase alcohol consumption awareness by holding quarterly staff meetings which focus on being aware of and monitoring alcohol consumption of its patrons; (c) post its policy of offering free cab rides to impaired individuals; (d) continue its policy of not offering shots of alcohol for sale; (e) modify its employment application to inquire as to any alcohol related convictions; (f) not subscribe to Channel 57, which carries live horse racing; (g) remove anyone thought to be engaged in illegal gambling from the premises; and (h) place the names of its bar patrons on each ticket, to the extent possible.

8. Failure to comply with the terms of this Final Order may also result in further proceedings to revoke the Licensee’s licenses.

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:

Hon. Ronald L. Cook

2000 PNC Plaza

500 West Jefferson Street

Louisville, KY 40202

Hon. John L. Smith

Smith & Helman

Suite 100

600 West Main Street

Louisville, KY 40202

REGULAR MAIL:

Ohio Valley Bistros, Inc.

DBA TGI Friday’s

2311 Lime Kiln Lane

Louisville, KY 40222

James Combs, Process Agent

Ohio Valley Bistros, Inc.

10715 Aspen Place

Union, KY 41091

William P. Schreck

City ABC Administrator

C/o Cathy Mosby

Louisville Metro ABC

444 South 5^th Street, Suite 101

Louisville, KY 40202

Ms. Brandi Shular

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

Investigators Gentry, Purvis

Education Branch

Files