STATE OF CONNECTICUT



STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

IN THE MATTER OF

Over the Hill Tavern III

Keith Margiano, Permittee Docket No. 14-280

Keith Margiano, Backer Case Nos. 2013-1235, 2013-984

Liquor Permit No. LIR.14222 May 22, 2014

MEMORANDUM OF DECISION

This matter involves a restaurant liquor permit issued to Over the Hill Tavern III, 131 Hawkins Street, Derby, Connecticut. A formal administrative hearing was held before the Department of Consumer Protection on March 6, 2014. Keith Margiano, permittee and backer, appeared. At the conclusion of the hearing, the record was left open for two weeks for submission of transfer of ownership documents by the respondent, however, such documents have not been provided.

The allegations against the permit premises arose from an investigation conducted by the Department of Consumer Protection’s Liquor Control Division. It is alleged that on or about March 28, 2003, the respondent violated Sec. 30-6-A4 of the Regulations of Connecticut State Agencies in that the ownership of the premises had changed and the appropriate forms documenting this transfer of interest were not filed with the department for approval. It is further alleged that on or about October 24, 2013, the respondent violated Sec. 30-76 of the Connecticut General Statutes by purchasing alcohol from an unauthorized source. The respondent admitted the allegations and the matter proceeded to a hearing.

The following facts are found based upon the evidence adduced at the hearing. On October 24, 2013, Liquor Control Agent Gagne conducted an inspection at Over the Hill Tavern III. He observed that the owner’s name on the sales and use tax permit did not match the name of the backer in the department’s records. The sales and use tax permit listed Over the Hill Tavern LLC as the owner, and the department’s records listed Keith Margiano as the backer. The names identified as backer and owner must be the same. Mr. Margiano informed Agent Gagne that the limited liability company had been formed a number of years ago and that he believed the attorney handling the formation of the limited liability company had been responsible for providing the department with the appropriate documents.

Agent Gagne explained to Mr. Margiano what documents needed to be provided to resolve the ownership issue and gave him time to provide the documents. The documents were not provided.

At the conclusion of the hearing, the record was left open for two weeks to allow Mr. Margiano an opportunity to provide the change of ownership documents. The documents were not provided within that time and as of the date of this decision still have not been provided.

As to the purchase of alcohol from unauthorized sources, Mr. Margiano admitted the violation, characterizing it as an isolated incident, a “stupid decision” on his part. The department will take no further action on that charge.

We remind the Respondent that dispensing liquor is a privilege and not a right. Beckanstin v. Liquor Control Commission, 140 Conn. 185, 192, 99 A.2d 1191 (1953). Based upon the admissions of the respondent and the testimony at the hearing, the Department of Consumer Protection finds the respondent to be in violation of Sec. 30-6-A4 of the Regulations of Connecticut State Agencies, and pursuant to Sec. 30-6-A8(c) of the Regulations of Connecticut State Agencies, ORDERS this restaurant liquor permit suspended immediately until such time as the required transfer of ownership documents have been filed with the department and reinstatement of such permit suspension has been issued.

DEPARTMENT OF CONSUMER PROTECTION

LIQUOR CONTROL COMMISSION

________________________________

Elisa A. Nahas, Esq.

Designated Presiding Officer

________________________________

Angelo J. Faenza, Commissioner

________________________________

Stephen R. Somma, Commissioner

Parties:

Keith Margiano, Permittee, Over the Hill Tavern III, 131 Hawkins Street, Derby, CT 06418

(Via US Mail and Certified Mail # 2012 2920 0000 4559 9555)

Keith Margiano, 40 High Acres Road, Ansonia, CT 06401-2966

(Via US Mail and Certified Mail # 7012 2920 0000 4559 99562)

Keith Margiano, 14 Deerfield Drive, Seymour, CT 06483

(Via US Mail and Certified Mail # 7012 2920 0000 4559 9630)

Non-Parties:

John Suchy, Director, Liquor Control Division

Connecticut Beverage Journal

Connecticut State Library, 231 Capitol Avenue, Hartford, CT 06106

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