In the matter of:
Superway, Inc. ) Case No. 04-ABC-296
DBA T & M Food Mart )
****** ***** ***** ***** *****
This case was scheduled to be brought on for hearing before the Kentucky Alcoholic Beverage Control Board on January 27, 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 alleged violations of: (1) KRS 244.080(1), Sale to a minor; and, (2) KRS 243.500(5), Tax delinquency.
Prior to a hearing being held, the Licensee, through its President, Mr. Tim Masoud, admitted the violations by letter dated January 11, 2005. In mitigation, the Licensee has agreed to train his 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. 073-B-6422 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.
3. On or before Monday, February 21, 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 fifteen (15) day suspension shall begin at the opening of business at 6:00 o’clock a.m. on Tuesday, February 22, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Friday, March 11, 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 the violation herein.
5. 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, February 21, 2005. The Licensee shall further contact the Office’s Education Branch at (564) 564-4850 to arrange for the listed employees’ STAR training. All listed employees must successfully complete STAR training, on or before Friday, April 22, 2005.
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 Saturday, April 23, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Thursday, May 5, 2005.
7. The Licensee shall file all delinquent tax returns and pay all taxes owed to the Kentucky Revenue Cabinet within thirty (30) days from the date of this Final Order. Failure to file all delinquent tax returns and pay all taxes owed to the Kentucky Revenue Cabinet on or before Monday, February 21, 2005, may result in further proceedings to revoke the Licensee’s license.
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
_____________________________________
JOHN W. CLAY
CHAIRMAN
_____________________________________
JOHN C. BARTON
MALT BEVERAGE ADMINISTRATOR
ATTEST:
_______________________________
ANGELA F. DONAHUE
BOARD SECRETARY
SERVICE LIST:
CERTIFIED MAIL:
Superway, Inc.
DBA T & M Food Mart
2199 Bridge Street
Paducah, KY 42003
Thameen Masoud, Process Agent
Superway, Inc.
649 North 8th Street
Paducah, KY 42001
REGULAR MAIL:
James W. Zumwalt
City ABC Administrator
P.O. Box 2267
Paducah, KY 42002-2267
Bradley N. Wilcox
Enterprise Collections Branch
Division of Collections
P.O. Box 491
Frankfort, KY 40602
Investigators G. Johnson, Brooks, Turner
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