In the matter of:
Playdoh Enterprises, LLC ) Case No. 04-ABC-305
DBA Playdoh’s )
Highway 41 South ) 024-B-6297
) (04-024-0288-2)
****** ***** ***** ***** *****
This case was scheduled to be brought on for hearing before the
Kentucky Alcoholic Beverage Control Board on February 1, 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 244.290(3), Hours of operation, distilled spirits and
wine; (2) KRS 244.480, Hours of operation, malt beverages; (3) KRS 243.500(5),
Tax delinquency; and, (4) KRS 243.390, Corporate standing with Office of
Secretary of State.
Prior to a hearing being held, the Licensee, through its Attorney, the Hon. William A. Nisbett III, admitted the violations by letter January 27, 2005.
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:
Charge (1)
and Charge (2):
1. Retail Beer License No. 024-B-6297 and Retail Drink Liquor License No. 024-LD-1486 are suspended for a period of thirty (30) days for Charge (1) and fifteen (15) days for Charge (2), a total suspension of forty-five (45) days.
2. The Licensee is granted the option of fine payment in lieu of the forty-five (45) suspension days at the rate of $50.00 per day, for a total payment of $2,250.00, payment of which is hereby acknowledged.
Charge
(3):
3. 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.
Charge
(4):
4. The Licensee shall file its corporate papers with the Office of Secretary of State within thirty (30) days from the date of this Agreed Final Order.
5. Failure to successfully comply with paragraphs 3 and 4 on or before Monday, May 23, 2005, shall result in the REVOCATION of Retail Beer License No. 024-B-6297 and Retail Drink License No. 024-LD-1486 at the beginning of business at 6:00 o’clock a.m. on Tuesday, May 24, 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
CHAIRMAN
_____________________________________
STEVEN A. EDWARDS
DISTILLED SPIRITS ADMINISTRATOR
_____________________________________
JOHN C. BARTON
MALT BEVERAGE ADMINISTRATOR
ATTEST:
__________________________________
ANGELA F. DONAHUE
BOARD
SECRETARY
SERVICE LIST:
CERTIFILED MAIL:
Hon. William A. Nisbett, III
Ten North Main Street
P.O. Box 706
Madisonville, KY 42431
REGULAR MAIL:
Playdoh
Enterprises, LLC
DBA Playdoh’s
Highway 41 South
Mannington, KY
42260
Brandy N. Moman,
Process Agent
Playdoh
Enterprises, LLC
621 Madisonville
Street
Princeton, KY 42445
Sylvia Gillette,
Assistant
County ABC Administrator
Christian County Courthouse
515 Weber Street
Hopkinsville, KY 42240
Ms. Brandi Shular
Enterprise
Collections Branch
Division of Collections
P. O. Box 491
Frankfort, KY 40602
Investigators Brooks, Turner, Johnson
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