Re:HSAI, LLC
d.b.a.:Seven O’s
Premise:330 Amherst Road
City/Town:Sunderland, MA 01375
Heard:February 17, 2009
DECISION
A Commission hearing was held to determine whether HSAI, LLC d.b.a. Seven O’s (licensee) was in violation of 204 CMR 2.05 (2)- Permitting an illegality on the licensed premise, to wit: Ch. 138, §34C- Possession of an alcoholic beverage by a person under 21 years of age (2 counts).
The licensee stipulated to the facts of the Investigator’s report. Investigator Michael Teehan testified that on November 21, 2008 he and Investigator Kenny investigated the business operation of Seven O’s. While on the premises, they observed tow youthful looking females in possession of an alcoholic beverage. When the Investigators approached them, they were told that they were not asked for any identification upon entering the premises. Both females were twenty years of age and were in possession of beer, one a draft beer and one a bottle of beer. The dates of their birth were 7-22-1988 and 4-17-1988.
The Investigators observed both females being in possession of the beers before approaching them. Upon questioning them and learning their age, the Investigators identified themselves to the individuals. Investigator Teehan then informed the owner of the violation.
The attorney for the owner appeared at the hearing and in mitigation filed an affidavit from the owner reading that the youths, according to owner Ting came in through the back door. However, in rebuttal Investigator Kenny stated that neither he nor Investigator Teehan were asked for identification that night and that no one came in through the back door. Without her testimony the affidavit does not merit much credence, and the licensee has stipulated to the violation.
The Commission finds the licensee in violation of 204 CMR 2.05 (2)- Permitting an illegality on the licensed premise, to wit: Ch. 138, §34C- Possession of an alcoholic beverage by a person under 21 years of age (2 counts) and, therefore, suspends the license for 6 days of which 2 days will be held in abeyance for a period of two years provided no further violations of Ch. 138 or Commission regulations occur.
ALCOHOLIC BEVERAGES CONTROL COMMISSION
Susan Corcoran, Commissioner______
Robert H. Cronin, Commissioner______
Dated in Boston, Massachusetts this 24th day of February 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
Alan Seewald, Esq.
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