FINAL ORDER

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Introduction

This case was brought on for hearing before the Kentucky Alcoholic Beverage Control Board on June 2, 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 243.020(1), License required; (2) KRS 243.390, Corporate Status; and, (3) KRS 243.500(5), Tax Delinquency.

Chairman Lavoyed Hudgins and Malt Beverage Administrator John C. Barton were present, with Chairman Hudgins presiding. The Licensee was not present at the hearing and was not represented by counsel. The Hon. David W. Barr represented the Office. The Board takes administrative notice that the Licensee has not resolved its standing with the Office of Secretary of State.

Findings of Fact/Conclusions of Law

Based upon the testimony and evidence presented at the hearing, the record herein, having considered the arguments, and being otherwise sufficiently advised, a majority of the Board, pursuant to KRS 243.550, hereby makes the following findings:

828 Monmouth, Inc., d/b/a, Wooly’s on Monmouth, holds a Retail Beer License, Retail Drink License, and Sunday Drink License for premises located at 828 Monmouth Street, Newport, Kentucky. The premises is operated as a bar.

Ms. Brandi Shular, a representative from the Kentucky Department of Revenue, testified that the Licensee is currently indebted to the Commonwealth of Kentucky, Department of Revenue, in the total amount of $33,161.34. This amount includes unpaid taxes, interest, and penalties. Ms. Shular testified that the last time she was contacted by the Licensee was in April 2005. No payment has been received and the Licensee has not entered into a payment agreement with the Revenue Cabinet to resolve this delinquency.

Investigator Lisa Hampton testified that on or about November 18, 2004, she received a phone call from the ABC’s Licensing Section telling her 828 Monmouth, Inc.’s alcohol licenses expired October 31, 2004. She was instructed to go to the premises to see if the premises was open or closed. If the premises was open, Investigator Hampton was to inform the Licensee that its licenses had expired. Investigator Hampton went to the premises on November 19, 2004, at 1:00 a.m. At that time, the bar was closed, but there were people still inside the premises. Investigator Hampton knocked, was let in and spoke with the owner, Mr. Richard Petri. Mr. Petri admitted he knew the licenses had expired. He further told her that he had spoken with someone in the ABC Licensing Section, and he was going to the ABC later that day, pay the fees, and renew his licenses. Investigator Hampton checked with the Licensing Section on November 19, 2004, and was told Mr. Petri came into the office and attempted to pay his renew fees with a personal check. Investigator Hampton stated that Ms. Holly Mullins with the Licensing Section had told Mr. Petri he had to pay his renewal fees by certified check, cashier’s check, or by money order. Mr. Petri did not renew his licenses on that date.

Later on November 19, 2004, at approximately 11:38 p.m., Investigator Hampton again visited the licensed premises and spoke with Mr. Petri. Investigator Hampton testified she told Mr. Petri that because he did not renew his alcohol licenses he would have to stop selling alcohol and shut down his business.

On March 10, 2005, the Licensee was issued, by Certified Mail, an Order to Show Cause setting the matter for hearing before the Board on April 28, 2005. The Certified Mail was returned to the ABC. Investigator Hampton went to the premises on April 5, 2005, and personally served the Order to Show Cause upon Mr. Petri. Mr. Petri requested a continuance of the hearing and the hearing was rescheduled to May 12, 2005. The matter was again rescheduled to June 2, 2005, by request of the Board. Investigator Hampton went to the licensed premises on May 26, 2005, at approximately 1:00 a.m. to hand deliver the Order to Show Cause and Reschedule Hearing. The premises was closed and the bar fixtures and furniture were stacked on the sidewalk in front of the premises. A note was on the front door stating that the business was permanently closed. Investigator Hampton saw a light on inside the building through a window and knocked. Two female workers answered and told her the Licensee had shut down the business and had left the state. Investigator Hampton testified that inside the premises she saw that the bar had been torn out and all tables and chairs removed.

Disposition

Based upon the evidence 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. The Board finds violations of KRS 243.020(1), KRS 243.390, and KRS 243.500(5). The Board further finds that the Licensees’ license should be REVOKED the close of business on Monday, July 11, 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:

828 Monmouth, Inc.

DBA Wooly’s on Monmouth

828 Monmouth Street

Newport, KY 41071

Michael T. Sutton, Process Agent

828 Monmouth, Inc.

7801 US 42

Florence, KY 41042

REGULAR MAIL:

Michael Whitehead

City ABC Administrator

998 Monmouth Street

Newport, KY 41071-0540

Investigator Hampton

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