Office of the Alcoholic Beverage Control Commissioner s2

Office of the Alcoholic Beverage Control Commissioner

The Commissioner anticipates that it may go into executive session at this meeting on items listed. The agenda shall be subjected to the discussion of the items including executive sessions which arise at the time of the public body’s meeting. Pursuant to 29 Del. C. Section 10004(b), the Commissioner may call for an executive session closed to the public to obtain legal advice with respect to pending or potential litigation, to discuss criminal records of applicants, and to review financial data. No action is taken during the executive session. All action is taken in open session.

January 23, 2007

Agenda

Carvel State Office Building

820 N. French Street

3rd Floor Conference Room

Wilmington, DE 19801

Violations

1:30P.M.

Athlone, L.L.C. SPR-ON

T/A Irish Eyes – Middletown S-PR-ON

East Main Street #13586

Middletown, DE 19709

Violation #05195: From October 2005 to September 06, fail to maintain the proper food to alcohol ratio required by Commissioner in violation of Title 4, section 543(b)(9).

Peddler’s Liquors, L.L.C. PCK-OFF

T/A Peddler’s Liquor Mart

110 College Square #13544

Newark, DE 19713

Violation #05196: On Wednesday, October 25, 2006, at approximately 12:05AM sell an alcoholic beverage to a person under the age of 21.

Propic Corporation P-SPR-ON

T/A Captain’s Quarters S-SPR-ON

130 S. Dupont Highway #13606

New Castle, DE 19720

Violation #05170: On Thursday, September 28, 2006, fail to have a copy of title 4 and the Commissioner’s Rules on premise in violation of Commissioner Rule 21(10).

Violation #05171: On Thursday, September 28, 2006, fail to have you operating hours posted, in violation of Commissioner’s Rule 21(8).

Rinku, Inc. PCK-OFF

T/A Brandywine Liquors

2718 Naamans Road #12967

Wilmington, DE 19810

Violation #05136: On Thursday, August 31, 2006 at approximately 7:00PM, sell an alcoholic beverage to a person under the age of 21.

Violation #05138: On Thursday, August 31, 2006, at approximately 7:00PM., interfere with an Alcohol & Tobacco Enforcement Agent by withholding pertinent information relevant to an investigation involving the sale of an alcoholic beverage to a person under the age of 21, in violation of Title 4, Section 907.

Fantasia Restaurant & Lounge, Inc. SPR-on

T/A Fantasia Restaurant & Lounge S-SPR-ON

1031 South Market Street #12901

Wilmington, DE 19801

Violation #05160: From 04/01/2004 thru 04/01/2005 fail to maintain the proper food to alcohol ratio required by the Commissioner, in violation of T-4,/543(B)(9).

Violation #05161: For the period of 2002 thru 2006 file to file the required gross receipts, corporate tax returns and Delaware withholding tax returns with the Delaware Division of Revenue in violation of T-4/543(B)(9).

Protested Applications

5:00P.M.

Vin-Ben, Inc. SCA-ON

T/A Waterfall Banquet and Conference Center S-SCA-ON

3416 Philadelphia Pike #13165

Claymont, DE 19703

Patio w/ Variances – requesting a 4600 square foot patio to include variances to Rule 42.1 to permit external speakers or amplifiers, live entertainment, a paging system and a wet bar on the patio.

6:00PM

Colby Restaurant Group, Inc. SPR-ON

T/A Red Robin Gourmet Burgers S-SPR-ON

101 West Main Street #13711

Newark, DE 19702

New Application – requesting a restaurant liquor license which permits the sale, service, and consumption of alcoholic beverages on the premises where sold, on Sundays and on the patio. Additionally, the applicant is requesting variances to Rule 42.1 to permit external speakers and live entertainment.