Re: Mandarin Lowell Chinese Cuisine, Inc

Re: Mandarin Lowell Chinese Cuisine, Inc. d/b/a: Mandarin Lowell Chinese Cuisine Premises: 1592 Middlesex Street City/Town: Lowell, MA 01852 License: AA Restaurant Heard: September 29, 2009

DECISION

A Commission hearing was held to determine whether Mandarin Lowell Chinese Cuisine, Inc. d.b.a. Mandarin Lowell Chinese Cuisine violated 204 CMR 2.05(2)- Permitting an illegality on the licensed premises, to wit: Ch. 138, §34C- Possession of an alcoholic beverage by a person under 21 years of age (1 count).

The Investigative report was entered as Exhibit 1. The report states A.B.C.C. Investigators observed the business operation of Mandarin Lowell Chinese Cuisine. They found an underage young man, d.o.b. 8/15/1988 (age 20), drinking an alcoholic beverage. The young man told the Investigators he had used a false State of Maine identification.

The licensee stated she had been TIPS certified many years ago while working in New Hampshire.

The Commission finds the licensee violated 204 CMR 2.05(2)- Permitting an illegality on the licensed premises, to wit: Ch. 138, §34C- Possession of an alcoholic beverage by a person under 21 years of age (1 count) and, therefore, suspends the license for 4 days of which 4 days will be held in abeyance for a period of 2 years provided the licensee and all employees receive Server Training Certification prior to November 1, 2009. If the licensee fails to receive the server training certification, the suspension must be served and a fine in lieu of suspension will not be accepted.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Robert H. Cronin, Commissioner______

Susan Corcoran, Commissioner______

Dated in Boston, Massachusetts this 6th day of October 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; File