KENTUCKY ALCOHOLIC BEVERAGE CONTROL BOARD

 

In the matter of:                                                                                                                                                                     

            Superway, Inc.                                         )                       Case No. 04-ABC-296

            DBA T & M Food Mart                           )

            2199 Bridge Street                                 )                       073-B-6422

            Paducah, KY 42003                               )                       (04-073-0289-3)

 

AGREED FINAL ORDER

 

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Introduction

 

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.

Findings of Fact/Conclusions of Law

 

            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.

Disposition

 

            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.

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

 

 

 

                                                                        _____________________________________

                                                                        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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