In the matter of:
Crutcher Enterprises, Inc. ) Case No. 04-ABC-264
DBA Exit 56 Liquor )
Combs, KY 41729 ) 097-B-7304
) (04-097-0164-3)
****** ***** ***** ***** *****
This case was scheduled to be brought on for hearing before the
Kentucky Alcoholic Beverage Control Board on December 7, 2004, 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 a violation of
KRS 244.080(1),
Prior to a hearing being held, the Licensee, through its President, Mr. Danny Crutcher, admitted the violation by letter dated December 3, 2004. 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. 097-B-7304 and Retail Package Liquor License No. 097-LP-318 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, January 17, 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 twenty-five (25) day suspension shall begin at the opening of business at 6:00 o’clock a.m. on Tuesday, January 18, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Wednesday, February 16, 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 this final order.
5.
The Licensee shall send a written list of all
current employees to the Office’s Education Branch at 1003 Twilight Trail,
6. 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, March 17, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Tuesday, March 29, 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 _______________, 2004.
ALCOHOLIC BEVERAGE CONTROL BOARD
_____________________________________
JOHN W. CLAY
CHAIRMAN
_____________________________________
HAROLD ROBINSON
DISTILLED SPIRITS ADMINISTRATOR
_____________________________________
JOHN C. BARTON
MALT BEVERAGE ADMINISTRATOR
ATTEST:
__________________________________
ANGELA F. DONAHUE
BOARD
SECRETARY
SERVICE LIST:
CERTIFILED MAIL:
Crutcher Enterprises, Inc.
DBA Exit 56 Liquor
Combs, KY
41729
Stephen L. Tackett, Process Agent
Crutcher Enterprises, Inc.
Highway 15
REGULAR MAIL:
Denny Ray Noble
County Judge Exec.
and
P.O. Box Drawer 210
Investigators Prater, Adkins, Roberts
Education Branch
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