Re: NAJ, Inc.
d.b.a.: Ryan’s Package Store
Premise: 31 Franklin Street
City/Town: Westfield, MA 01085
Heard: December 16, 2008
DECISION
A Commission hearing was held to determine whether NAJ, Inc. d.b.a. Ryan’s Package Store (licensee) was in violation of 204 CMR 2.05 (2)- Permitting an illegality on the licensed premises, to wit: Ch. 138 §34- Sale and delivery of an alcoholic beverage to a person under twenty-one years of age (1 Count).
The licensee stipulated to the facts of the Investigator’s report dated September 15, 2008. The report states that:
On Friday, September 12, 2008 Investigators Keefe, Carey and Kujawski investigated the business operation of NAJ, Inc.
While outside of the licensed premises, Investigators observed a youthful looking male subject exit the store with a bottle of Bacardi Hurricane, a bottle of Captain Morgan Spiced Rum and a bottle of E & J Brandy. Investigators asked him his age and it was detected that the underage patron’s date of birth was 6-12-90 (age 18).
The underage patron also provided the Investigators with a Florida Identification Card with a date of birth of 6-13-86 (age 22) in which he used to purchase the alcoholic beverages. The investigators informed the clerk of the violation and a report would be filed with the Chief Investigator for further action.
The Commission finds the licensee in violation of 204 CMR 2.05 (2)- Permitting an illegality on the licensed premises, to wit: Ch. 138 §34- Sale and delivery of an alcoholic beverage to a person under twenty-one years of age (1 Count) and, therefore, suspends the licensee’s license for 5 days.
ALCOHOLIC BEVERAGES CONTROL COMMISSION
Eddie J. Jenkins, Chairman______
I, the undersigned, hereby certify that I have reviewed the hearing record and concur with the above decision.
Robert H. Cronin, Commissioner______
Dated in Boston, Massachusetts this 6th day of January 2009.
You have the right to appeal this decision to the Superior Courts under the provisions of Chapter 30A of the Massachusetts General Laws within thirty days of receipt of this decision.
cc: Local Licensing Board
Frederick G. Mahony, Chief Investigator
Michael Ford, Esq.
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