Re: Connelly and Jewett, LLC

Re: Connelly and Jewett, LLC d.b.a.: The Thirsty Whale Premise: 24 Market Square City/Town: Newburyport, MA 01950 Heard: February 24, 2009

DECISION

A Commission hearing was held to determine whether Connelly and Jewett, LLC d.b.a. The Thirsty Whale (licensee) was in violation of Ch. 138, §69- Sale or delivery of an alcoholic beverage to an intoxicated person (1 count).

The licensee stipulated to the facts contained in the investigator’s report dated January 6, 2009.

The report states on January 6, 2009 A.B.C.C. investigators observed the business operation of the Thirsty Whale. Their attention was drawn to a 42-year-old male who appeared intoxicated. The gentleman was unsteady on his feet and his movements were slow and uncoordinated. The man bumped into on of the investigators as he staggered back from the bathroom. He then sat at the bar and was served another draft beer by the bartender.

The licensee testified to being very proactive in “cleaning up” the business since acquiring it in 2006. He entered a list of actions (Exhibit A), which the business has taken to prevent violations of Chapter 138.

The Commission finds the licensee in violation of Ch. 138, §69- Sale or delivery of an alcoholic beverage to an intoxicated person (1 count) and, therefore, suspends the license for 4 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

Robert H. Cronin, Commissioner______

Susan Corcoran, Commissioner______

Dated in Boston, Massachusetts this 9th day of March 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