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Attachment 16iAttachment #'D r8 4' —a-, a � �, 1111;q 1;111 T rM Ism, 11133WI-timv IN THE MATTER OF: License No. 5234 6 Georgia Fine Wine LLC Citation No. 32-1242 d/b/a Total Wine & More 740 Ernest W Barrett Pkwy N W Kennesaw, GA 30144 Licensee #�� A hearing was held on January 25,, 2012, regarding the above -captioned matte? at a Georgia Department of Revenue ("'Department") office before the undersigned hearing, officer. lie above -captioned Licensee was present and was represented by counsel Max Hess. Agent Robert Wood represented the Department. At the commencement of the hearing, U a Plea of Not Guilty to the charge that they had icensee entered *I allegedly violated Revenue Regulation 560-2-3-.04 by offering for sale items prohibited items (large con - %.q tamers of chips, crackers, pretzels, and salsa) 'in a retail package store. low In applicable PA 560-2-3-.04 prohUts- retailers of6stilled spirits from selling, offering for sale, display. in, or keeping in stock for sale, of furnishing at its licensed Premises where Distilled Spirits are offered for sale, any other products or except... manufactured packaged consurnaUe single -serving snack Hems not requiring any preparation for consumption. Based upon the arguments and evidence presented and admitted during the hearing, I find 1hat Ukensw snack fteuns did 'gadeed Ac�ate the above stated regulations-, therefore it is ORDERED than Licensee be assessed an administrative penalty in the amount of $250 or; it is flunhecr ORDERED that Ucensez'6 license be placed on probation for a period of 12 months from the hearing date; it is further ORDERED that if Licensee fails to pay the administrative penalty on or before the effective date of this Order, Licensee's license shall be suspended until Licensee pays said administrative penalty. This Order shall become effective on the 10th calendar day following the date of service as shown on the Certificate of Service below. This 7b day of February, 2012. FOR THE COMMISSIONER CLAYTON KEITli ADMINISTRATIVE HEARING OFFICER EO # 16080 {page 1 of 2 ) 0 vow ATT -149 (Rev, 11/01) .�i rt - lira CITATION Number Coup Number -- Date TIM C 32 33 5/13/2010 3:32 �'W jor Retail Liquor COP Beer 52346 _ _ 52346 clue Hat 6". ZQ100St 303 3 !� Number ,Citation Number 19724324 32-1126 Wine Amusement Machi 52346 _ -- GEORGIA DEPARTMENT of REVENUE TO: GEORGIA FINE WINE LLC DBA: TOTAL WINE & MORE Address: 740 BARRETT PKWY KENN ESAW , GA 30144 YOU ARE DIRECTED to appear at the Georgia Department of Revenue office, 1800 Century Blvd., Room L-300 , Atlanta Georgia, 30345 6117/2010 ,at 19:30 AM , and bring with you this Citation for theur ose of then and there answering the below stated charges of violating the laws, rules and p R regulations of the State of Georgia, relating to the sale and distribution of alcoholic beverage and/or the sale, use, possession or disposition of coin-operated amusement machines. You have the right to be represented by an attorney and to respond and present evidence on all issues involved. A transcript of the proceedings will be made only upon written request and at your expense. You have the right to subpoena witnesses and documentary evidence through the State Revenue Department. No request for a continuance, for subpoenas, or for transcription of the proceedings can be considered unless received in writing at least TEN 10 DAYS prior to the data set for hearing. Any inquiry or correspondence of any nature pertaining to this Citation should be directed in writing to the Administrative Hearing Office, 1800 Century Center Boulevard, NE, Suite 1511 Atlanta, GA 30345-3205. This Citation and the hearing to be held thereon are authorized by Section 3-2-3 of the Official Code of Georgia Annotated and/or Chapter 17 of Title 48 of the Official Code of {Georgia Annotated. Unless otherwise provided herein, you are ordered to appear as stated herein and show cause why your license{s} for the sale distribution, use, possession or disposition of BEER, WINE, AND LIQUOR should not be suspended or revoked, or your bond forfeited, or both for violation of: 560-2-3-.36 - In that you or an employee at your place of business did offer for sate, display, or keep in stock, prohibited items to include paper plates, playing cards, wine gift baskets, cheese cutters, trivet makers at a place of business where distilled spirits are offered for sale. FIWARNING -- You are given notice that the above stated violation(s) have been observed and a copy of this notice • s has been placed �n your file with the Department of Revenue. Failure to take immediate corrective measure ma y result in the suspension or revocation of your Alcoholic Beverage License(s) and/or your Coin -Operated Amusement Machine Master Lioehge s . FOR THE COMMISSIONER Robert Wood STATE REVENUE SPECIAL AGENT I have this day of 5/13/2010 at 3:34 PM served the above named licensee or agent of licensee by handing Thaddeus Holbrook a true copy of this citation at 740 BARRETT PKWY KENNESAW , GA 30144 RE NOTE: ORIGINAL. -- ATD : COPY — File : COPY -- Licensee: COPY —Agent: COPY —Program Associate P" P" f" M" 0" 0 FZ--) 0 432 Liquor Re 52346 Number Date 33 10/21/2011 liauor COP Tune STI 2:24 PM 2001 - 52346 GEORGIA DEPARTMENT OF REVENUE caae N mftr. 2011102103202 tation Number 32-1242 Wine 52346 TO: GEORGIA FINE WINE LLC DBA. -TOTAL WINE & MORE Address -.740 ERNEST W BARRETT PKVVY NW KENNESAW , GA 30144 YOU ARE DIRECTED to appear at the Georgia Department of Revenue office, 1800 Century Blvd., Room L-300 , p 9:30 rAM ,and bring with you Atlanta Georgia, 30345 , 11/16/2011 at s Citation, for the purpose of then and there answering the below stated charges of violating the taws, rules and thi C p � r regulations of the State of Georgia, relating to the sale and distribution of alcoholic beverage. You have the right to be represented by an attorney and to respond and present evidence on all issues involved. A Yu 9 p transcript proceedings of the roceedin s will be made only upon written request and at your expense. You have the right to subpoena witnesses and documentary evidence through the State Revenue Department. No request for a continuance, for subpoenas, or for transcription of the proceedings can be considered unless received In writing at least TEN(10)DAYS rior to the date set for hearing. Any inquiry or correspondence of any nature pertaining to this p Office, 1800 Century Boulevard, NE, Suite 15118, Citation should be directed In writing to the Administrative Hearing ffi r ry . of the Atlanta GA 30345-3205. This Citation and the hearing to be held thereon are authorized by Section 3-2-3 r Official code of Georgia Annotated. Unless otherwise provided herein, you are ordered to appear as stated herein and show cause why your license(s) for Urtl p the sale distribution use, possession or disposition of BEER, WINE, AND LIQUOR should not be suspended e , r p , or revoked, or your bond forfeited, or both for violation of. 560-24%04 - In that on October 21, 2011, you or an employee at your place of business did offer for sate itemsp rohibited for sale in a retail package store specifically large containers of chips, crackers, pretzels, salsa, etc. QWARNING -- You are given notice that the above stated violation(s) have been observed and a copy of this notice easures may has been placed in your file with the Department of Revenue. Failure to take immediate corrective m y result in the sus ' nsion or revocation of our Alcoholic Bgvera a License(s). FOR THE COMMISSIONER Robert Wood STATE REVENUE SPECIAL AGENT I have this day of 10/2112011 at 2:32 PM , served the above named licensee or agent of licensee by handing Fancy Muckaia a tree copy of this citation at 740 ERNEST tilt/ BARRETT PKWY NW KENNESAW , GA 30144 -SIGNATURE OF AGENT NOTE: ORIGINAL — ATD : COPY — File: COPY — Licensee: COPY — Agent: COPY — Program Associate VA 3 VOWN 1. 3 -D-1 ATO M' IN THE MATTER OF: License No. 52346 Georgia Fine Wine LLC Citation 19c4,32-1126 d/b/a Total Wine & More 740 Barrett Pik Kennesaw, GA 30144 (Liquor, Beer, Wine) FR% EXECUTIVE ORDER A hearing was held on September 1, 2010, regarding the above -captioned matter at a Georgia Department of Revenue C'Department") office before the undersigned hearing officer. The above -captioned Licensee was represented by counsel Max Hess. Special Agent Robert Wood ("SA Wood") represented the Department. At the commencement of the hearing, Licensee's counsel filed a Partial Motion to Dismiss with regard to the charge that it had violated Revenue Regulation 560-2-3-.36 by offering for sale, diss to include paper plates, playing cards, wine gift playing, or keeping in stock, prohibited item baskets, cheese cutters, and trivet makers at a place of business where distilled spirits are offered for sale. Licensee requested that the citation be dismissed to the extent it related to the offering for sale of paper plates and wine gift baskets. I have considered the Licensee's request and decided to deny the request based on the express Is terms of Revenue Regulation 560-2-3-.36. Therefore, Licensee's Partial Motion to Dismiss is denied® Based upon the evidence presented and admitted during the hearing, I find that Licensee did in- deed violate the above stated regulation; therefore 'it is ORDERED that Licensee be assessed an administrative penalty in the amount of $250-1 it is further ORDERED that Licensee's license be placed on probation for a period of 12 months from the hean*ng date; it is further ORDERED that if Licensee fails to pay the administrative penalty on or before the effective date of this Order, Licensee's license shall be suspended until Licensee pays said administrative penalty. This Order shall become effective on the 10th calendar day following the date of service as shown on the Certificate of Service below. This 29'h day of November, 2010. FOR THE COMMISSIONER LEISA PHILLIPS PM �����1��W1�Q�10ER 1�- CERTIFICATE OF SERVICE I , Robert Wood an authorized agent of the Georgia Department of Revenue, do certify that I served Bruce Susel with a correct and true copy of the above Executive Order on this day of Jauaty,-201-t AGENT EO # 13622 t page 2 of 2 P" M" Rol P" BEFORE THE GEORGIA DEPARTMENT CYR Rg%qHUIK Gea�g'M Mhis Vgn(6 LLC d/b/a ToW IVA'nf, &T�,Aore, 740 Barrett .Envy, Kennesaw, CA 30 � 4A (Liquor, Beep, W'gao) Licensee License No,. 52,346 Citation No,, 3-A 108 .oCUTNE ORDER A hearing was held on May 26, 2010, regarding the above -captioned matter at a Georgia De- partment of Revenue {"Department") office before the undersigned -hearing officer. Ted Hol- brook, District Manager of Licensee was present and was represented by Counsel Max Hess. Special Agent Robert Wood represented the Department At the commencement of the hearing, Licensee entered a plea of not guilty to the charge that ft had violated Revenue Regulation 560-2-3-36 pertaining to Licensee or an employee of Licen- see's redeeming a gift card that was not sold at the location where the card was redeemed. I have considered the evidence presented and determined to dismiss the citation without preju- dice. This e day of August, 2010. FOR THE COMMISSIONER: LEISA PHILLIPS ADMINISTRATIVE HEARING OFFICER 4 CERTIFICATE OF SERVICE Robert Wood an authorized agent of the Georgia Department of Revenue, do certify that I served Nancy Muckala with a correct and true copy of the above Executive Order on this 17 day of August, 20 10 AGENT 0" EO # 13035 (page 1 of I ) ATT -149 (Rev.11101 ) it „ Case RwAwr. 201Ga2 WMI CITATION Bad a Number County Number Date Time STI Number Citation, Number 032 33 1 2/1912010 12:05 PM 20019724324 32-1108 Liquor Retail Li uor COP Beer Wine Amusement Machine 52346 52346 52346 GEORGIA DEPARTMENT OF REVENUE TO: GEORGIA FINE WINE LLC DBA: TOTAL WINE & MORE Address. 740 BARRETT PKWY KENNESAW , GA 30144 YOU ARE DIRECTED to appear at the Georgia Department of Revenue office, 4245 International Pkwy. Hapeville Georgia, 30354 , 3/10!2010 ,at 10:30 AM , and bring with you this Citation, for the purpose of then and there answering the below stated charges of violating the laws, rules and regulations of the State of Georgia, relating to the sale and distribution of alcoholic beverage and/or the sale, use, possession or disposition of coin-operated amusement machines. You have the right to be represented by an attorney and to respond and present evidence on all issues involved. A transcript of the proceedings wilt be made only upon written request and at your expense. You have the right to subpoena witnesses and documentary evidence through the State Revenue Department. No request for a continuance, for subpoenas, or for transcription of the proceedings can be considered unless received in writing at least TEN (10) DAYS prior to the date set for hearing. Any inquiry or correspondence of any nature pertaining to this Citation should be directed in writing to the Administrative Dearing Office, 1000 Century Center Boulevard, NE, Suite 15110, Atlanta, GA 30345-3205. This Citation and the hearing to be held thereon are authorized by Section 3-2-3 of the Official Code of Georgia Annotated and/or Chapter 17 of Title 40 of the Official Code of Georgia Annotated. . Unless otherwise provided herein, you are ordered to appear as stated herein and show cause why your license(s) for the sale, distribution, use, possession or disposition of BEER, WINE, AND LIQUOR should not be suspended or revoked, or your bond forfeited, or both for violation of: 5002-3-.36 - In that on January 29, 2010 you or an employee at your place of business did rade a gift card that was not sold at the location where the card was redeemed. E] WARNING — You are given notice that the above stated violation(s) have been observed and a copy of this notice has been placed In your fife with the Department of Revenue. Failure to take immediate corrective measures may result in the suspension or revocation of your Alcoholic Beverage License(s) and/or your Coin-operated Amusement Machine Master License(s). FOR THE COMMISSIONER Robert Wood STATE REVENUE SPECIAL AGENT I have this day of 211 W010 at 2:52 PM served the above named licensee or agent of licensee by handing Nancy Muckala a true copy of this citation at 740 BARRETT PKWY . . _ 1 KENNESAW , GA 30144 NOTE: ORIGINAL — ATD : COPY — File: COPY Licensee: COPY -- Agent: COPY — Program Associate P" F" 0" F" I"