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Home My WebLink AboutBarnstable Bilal Corp Willow Package_violation_6-27-24 4 OK EAL 'P awo�a ry-.o� Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3 yy~ Chelsea, Massachusetts 02150-2358 �JT�4CMti15��1 Jean M. Lorizio, Esq. Chairman DECISION BILAL CORP D/B/A WILLOW PACKAGE STORE 700 YARMOUTH ROAD BARNSTABLE, MA 02601 LICENSE#: 00128-PK-0070 VIOLATION DATE: 6/03/2023 HEARD: 11/28/2023 Bilal Corp d/b'a Willow Package Store ("Licensee") holds an alcohol license issued pursuant to M.G.L. c. 138, § 15. The Alcoholic Beverages Control Commission ("ABCC"or"Commission") held a remote hearing via Microsoft Teams on Tuesday, November 28, 2023, regarding alleged violations of: 1) M.G.L. Ch. 138, § 34 Sale or Delivery of an alcoholic beverage to a person under twenty- one years of age (1 Count) on 6/3/2023; and 2) M.G.L. Ch. 138, § 34 Sale or Delivery of an alcoholic beverage to a person under twenty- one years of age (1 Count) on 8/25/2023. Prior to the commencement of the hearing, the Licensee stipulated to the facts alleged in both Investigators' Reports. The following documents are in evidence: 1. Investigator Terasconi's Report re: 6/3/2023; 2. Photocopy of Fraudulent Massachusetts Driver's License; 3. Investigator Gould's Report re: 8/25/2023; 4. Photocopy of Expired Imposter Massachusetts Driver's License; 5. ABCC Form 43,Transfer of License Approval, 6/30/2014; 6. Licensee's Stipulation of Facts. A. Invoice for Identification Scanner; B. Photo of Fraudulent Driver's Licenses Confiscated by the Licensee. Prior to the commencement of the hearing, Chief Investigator Mahony proposed the two violation hearings be combined. Attorney Souza had no objection. There is one (1) audio recording of this hearing. Telephone: (617) 727-3040 *Fax: (617) 727-1510 *www.mass.zov.,abce FINDINGS OF FACT 1. On Saturday, June 3, 2023, at approximately 2:38 p.m., Investigators Binienda and Terasconi ("Investigators"), inspected the business operation of Bilal Corp d/bra Willow Package Store to determine the way its business was being conducted. 2. Investigators observed a youthful appearing male individual enter the licensed premises and then shortly thereafter, exit in possession of alcoholic beverages. 3. Investigators approached the youthful appearing male, identified themselves, and asked to see proof of legal age to purchase and/or possess alcoholic beverages. 4. Underage #1, actual date of birth 1010/2004 (age 18), was in possession of one 30-pack of Coors Lite beer, and five sleeves of Dr. McGillicuddy's nips. He presented to Investigators a fraudulent Massachusetts driver's license bearing his name but a different birth date which he used to purchase the alcoholic beverages. 5. At approximately 2:43 p.m., Investigators entered the establishment and spoke with the clerk on duty, informed him of the violation and that a report would be submitted to the Chief Investigator for further review. 6. On Friday,August 25,2023,at approximately 2:38 p.m., Investigators Binienda and Gould ("Investigators"), conducted surveillance of the business operation of Bilal Corp d/b/a Willow Package Store to determine the way its business was being conducted. 7. At approximately 8:15 p.m. while outside the licensed premises, Investigators observed a youthful appearing male individual enter the package store. Minutes later the same individual exited the store in possession of alcoholic beverages. 8. Investigators approached the youthful appearing male, identified themselves, and asked to see proof of legal age to purchase and/or possess alcoholic beverages. 9. Underage 41, actual date of birth 2/28/2003 (age 20), provided Investigators with an expired Massachusetts driver's license bearing his brother's name. He then produced his true Massachusetts driver's license. Investigators confiscated one 25-ounce Twisted Tea and one 4-pack of Loyal Lemonade. 10. At approximately 10:10 p.m., Investigators entered the licensed premises and spoke to the clerk, informed him of the violation and that a report would be submitted to the Chief Investigator for further review. 11. Shakeel Farooq, president of Bilal Corporation,appeared at the Commission hearing. The Commission was informed of steps taken to prevent future sales to underage individuals, including the purchase of an identification scanner. 12. The Licensee has held a license under M.G.L. c. 138, § 15 since 2014 with no prior violations. CONCLUSION Based on the evidence, the Commission finds the Licensee violated M.G.L. Ch. 138, § 34 Sale or Delivery of an alcoholic beverage to a person under twenty-one years of age (1 Count) on June 3, 2023, and on August 25, 2023. For the violation which occurred on .tune 3, 2023, the Commission issues a WARNING. For the violation which occurred on August 25, 2023, the Commission suspends the license for a period of one (1) day which will be held in abeyance for a period of two (2) years provided no further violations of Chapter 138 or Commission regulations are found by this Commission. ALCOHOLIC BEVERAGES CONTROL COMMISSION Jean M. Lorizio, Chairman Deborah A. Baglio,Commissioner Dated: June 27, 2024 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 (30) days of receipt of this decision. This document is important and should be translated immediately. Este documento es importante y debe ser traducido inmediatamente. Este documento a importante a deve ser traduzido imediatamente. Ce document est important et devrait etre traduit immediatement. Questo documento a importante a dovrebbe essere tradotto immediatamente. To Eyypa4m auto VivaL arlµavt1.6 KaL 9a nps nEL va µ€xa(�paurouv aµ€awq. ZM�gtaI4w HC,(gXf TewlAM3f;dK f4ym Wqf Dokiman sa a enpbtan epi li to dwe tradwi touswit `Day la tai lii u quan trpng va can du'gc djch ngay' �rit on ;:tii ei s nm tir itn wLtjit qiLtjwtJ§n si 3 2023-000187-ad-enf 2023-000240-ad-enf cc: Local Licensing Board Frederick G. Mahony, Chief Investigator Nicole Terasconi, Investigator Brian Gould, Investigator Jamie Binienda, Investigator Nicholas Velez, Investigator Thomas H. Souza, Esq. Administration, File 4