AGREED FINAL ORDER

****** ***** ***** ***** *****

Introduction

This case was scheduled to be brought on for hearing before the Kentucky Alcoholic Beverage Control Board on August 2, 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 244.120, Disordered Premises.

Findings of Fact/Conclusions of Law

Prior to a hearing being held, the Licensee, through its President, Mr. David A. Ammon, and the Board entered into a settlement agreement in resolution to the above violations by letter dated July 21, 2005.

Based upon the admission, settlement agreement, 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. 059-RB-6669, Sunday Drink License No. 059-SD-693, Restaurant Drink License No. 059-RD-694, and Supplemental Bar License No. 059-SBL-434 are suspended for a period of twenty-five (25) days.

2. Charge 2, violation of KRS 244.120 is dismissed.

3. The Licensee is granted the option of fine payment in lieu of twenty-five (25) suspension days at the rate of $50.00 per day, for a total payment of $1,250.00.

4. On or before Tuesday, September 6, 2005, the Board Secretary must receive payment by cashier’s check, money order, or certified check in the amount of $1,250.00 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 Wednesday, September 7, 2005, and shall end at the opening of business at 6:00 o’clock a.m. on Sunday, October 2, 2005.

5. The Licensee shall provide a list of all current employees within thirty (30) days of the date of this final order. The Licensee 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.

6. The Licensee shall send a written list of all current employees to the Office’s Education Branch at 1003 Twilight Trail, Frankfort, KY 40601 within thirty (30) days of the date of this final order. 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, November 2, 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:

Tickets Sporting Bar Corporation

DBA Tickets

100 West 6^th Street

Covington, KY 41011

David A. Ammon, Process Agent

Tickets Sporting Bar Corporation

100 West Sixth Street

Covington, KY 41011

REGULAR MAIL:

Thomas Schonecker

City ABC Administrator

638 Madison Avenue, 4^th Floor

Covington, KY 41011-2298

Investigator Hampton

Files