In the matter of:
JBSN, Inc. ) Case No. 05-ABC-003
DBA Quality Quick #2 )
1020 South Main Street ) 054-B-7500
Madisonville, KY 42431 ) (04-054-0306-3)
****** ***** ***** ***** *****
This case was scheduled to be brought on for hearing before the
Kentucky Alcoholic Beverage Control Board on March 15, 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.
Prior to a hearing being held, the Licensee, through its Owner, Mr. Shamsher Singh, admitted the violation by letter dated March 4, 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.
IT IS, THEREFORE, ORDERED that:
1. Retail Beer License No. 054-B-7500 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, payment of which is hereby acknowledged.
3. 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.
4. 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, April 25, 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, June 22, 2005.
5. If the Licensee fails to comply with the terms of conditional discharge (probation) contained in paragraph 4 hereinabove, 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, June 23, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Tuesday, July 5, 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:
JBSN, Inc.
DBA Quality Quick #2
1020 South Main Street
Madisonville, KY 42431
Shamsher Singh, Process Agent
JBSN, Inc.
3414 New Hartford Road
Owensboro, KY 42303
REGULAR MAIL:
Mayor Larry V.
Clark
City ABC
Administrator
P.O. Box 705
Madisonville, KY
42431-0705
Investigators Turner, Brooks, Johnson
Education Branch
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