north carolina alcoholic beverage control commission ... documents/sections/legal/meeting reports/2....

1

North Carolina

Alcoholic Beverage Control Commission

400 East Tryon Road

Raleigh, NC 27610

Summary of Action Taken on

Wednesday, August 8, 2018

SECTION 1

OFFERS IN COMPROMISE

Suspensions:

1. Adam Dalton Distillery, LLC

T/A Adam Dalton Distillery

251 Biltmore Avenue

Asheville, NC 28801

00190967AJ-999

AJ AZ

ALE District VIII

Offer in Compromise: 12-day suspension, suspended upon payment of $1,200.00 on

charges of (1) tax stamps missing and (2) diluting or tampering with the contents of a

container of alcoholic beverages.

2. Little Mook, LLC

T/A Bar

711 Rigsbee Avenue

Durham, NC 27701

00191345AJ-999

AJ AZ

Audit Division

Offer in Compromise: 8-day suspension, suspended upon payment of $800.00 on the

charge of failing to file annual financial reports.

2

3. Argie Pangas Shultz

T/A Blue Crab Tavern

2500 Colington Road

Kill Devil Hills, NC 27948

58995A-999

AJ AL

ALE District II


charges of (1) delivering more than one drink at a time to a single patron for his/her

consumption and (2) allowing consumption of alcoholic beverages by an intoxicated

person.

4. Capital Connections Plus, LLC

T/A Capital Connections Plus

3632 Capital Boulevard

Raleigh, NC 27604

00255752AJ-999

AJ AL AN AZ

Wake County ABC Board


charges of (1) tax stamp not being permanently defaced and (2) failing to superintend.

5. Conner’s Cape Hatteras Supermarket, Inc.

T/A Conner’s Cape Hatteras Supermarket

47468 NC Highway 12

Buxton, NC 27920

31714B-999

AK AM

ALE District II

Offer in Compromise: 15-day suspension, suspended upon payment of $1,500.00 on the

charge of selling to underage persons.

6. Bumgarner Oil Company, Inc.

T/A Cubbard Express 2

1922 16th Street NE

Hickory, NC 28601

Q11635-998

AK

ALE District VII


charge of knowingly selling alcoholic beverages to a person who is intoxicated.

3

7. Deb’s Mini Mart, Inc.

T/A Deb’s Mini Mart

632 Oakland Road

Spindale, NC 28160

00148082AK-998

AK AM

ALE District VIII


charge of selling to an underage person.

8. Del Rancho, Inc.

T/A Del Rancho

730 9th Street

Durham, NC 27705

00252910AJ-999

AJ AL AN AY

Durham County ABC Board


charges of (1) tax stamps missing and (2) failing to post ABC permits in a prominent

place on the premises.

9. San Nicolas, Inc.

T/A Dirty Cat Bar

418 Waughtown Street

Winston Salem, NC 27127

00240257AJ-999

AJ AZ

ALE District V


charges of (1) preforming services while or after consuming alcoholic beverages and (2)

allowing an intoxicated patron to consume alcoholic beverages.

4

10. D One Stop Food Store, Inc.

T/A D One Stop Food Store

22091 NC Highway 48

Enfield, NC 27823

00199842AK-999

AK AM AO

ALE District II

Offer in Compromise: 10-day suspension, suspended upon payment of $1,000.00 and

surrender of its Off-Premise Fortified Wine permit on charges of (1) allowing the

consumption of malt beverages on premises only having an Off-Premise Malt Beverage

permit, (2) establishing or maintaining living quarters in or connected to the licensed

premises and (3) maintaining less than $1,500.00 inventory of staple foods on licensed

premises other than a wine shop.

11. Riashi, Inc.

T/A Express Way

700 NC Highway 42 W

Clayton, NC 27520

00227814AK-999

AK AM

ALE District IV


charges of (1) selling or possessing alcoholic beverages for sale without first obtaining

the applicable ABC permit and revenue license and (2) selling to an underage person.

12. Fast and Fresh 1, Inc.

T/A Fast and Fresh 1

311 Lenoir Rhyne Boulevard SE

Hickory, NC 28602

00232053AK-999

AK AM AO

ALE District VII


charge of knowingly possessing or possessing with intent to use drug paraphernalia to

introduce a controlled substance into the body on the licensed premises.

5

13. Five Points of Greenville, Inc.

T/A Five Points Food Mart

205 South Memorial Drive

Greenville, NC 27834

00244526AK-999

AK AM AO

Pitt County ABC Board



14. Flag’s Food Market, Inc.

T/A Flag’s Food Market

2 West 11th Street

Weldon, NC 27890

00228097AK-999

AK AM AO

ALE District II


charge of failing to keep the licensed premises clean, arranged and well-lighted to allow

ready access and observation by enforcement officers and to avoid any undue hazards to

patrons.

15. Food Lion, LLC

T/A Food Lion 1200

414 Harden Street

Burlington, NC 27215

Q11473-982

AK AM AO CE DF

ALE District V



16. Sampson Bladen Oil Company, Inc.

T/A Han-Dee Hugos 74

11325 US 70 Business Highway W

Clayton, NC 27520

Q11310-937

AK AM

ALE District IV



6

17. Hawg Pen, LLC

T/A Hawg Pen

900 Hodges Street

Raleigh, NC 27608

00230077AJ-999

AJ AL AZ

Audit Division


charge of failing to file annual financial reports.

18. T & B Concepts of Stratford, LLC

T/A Hickory Tavern

206 Harvey Street


00229853AJ-999

AJ AL AY

Triad Municipal ABC Board


charges of (1) failing to maintain, on the premises and available for inspection or audit

for three years, all records including original invoices related to alcoholic beverages and

mixed beverages and (2) premixing mixed beverages prior to receiving an order for the

beverage from a customer.

19. Circle K Stores, Inc.

T/A Kangaroo Express 1652

555 Concord Parkway South, Stand 5-B

Concord, NC 28027

Q11434-853

AK AM

ALE District VI


charge of failing to maintain, on the premises and available for inspection or audit for

three years, all records including original invoices related to alcoholic beverages and

mixed beverages.

7

20. LW Quality Food Mart, LLC

T/A LW Quality Food Mart

2618 Lake Wheeler Road

Raleigh, NC 27603

00209475AK-999

AK AM AO



charge of knowingly employing a person in the sale and distribution of alcoholic

beverages who has been convicted of selling to an underage person.

21. Metro Mart, LLC

T/A Metro Mart Convenience Store

777 West Raleigh Boulevard

Rocky Mount, NC 27803

00198189AK-998

AK AM AO

ALE District II


charges of (1) maintaining less than $1,500.00 inventory of staple foods, while on

licensed premises other than a wine shop, (2) failing to post ABC permits in a prominent

place on the premises, (3) failing to keep sales tickets and delivery receipts furnished by

the wholesaler, as well as all other records of purchases of malt beverages and wine, filed

separate and apart from all other records and (4) failing to keep the licensed premises

clean, arranged and well-lighted to allow ready access and observation by enforcement

officers and to avoid any undue hazards to patrons.

22. NADR Corporation

T/A Moe’s C Store

511 Bragg Street

Raleigh, NC 27601

00250747AK-999

AK AM AO

ALE District IV


charge of possessing or using a controlled substance or other illegal drug while on the

licensed premises.

8

23. M A Family, Inc.

T/A Mo Food Mart and Tobacco

407 East Vance Street

Laurinburg, NC 28352

00255384AK-999

AK AM AO

ALE District III


charges of (1) failing to keep the sales tickets and delivery receipts furnished by the

wholesaler, as well as all other records of purchases of malt beverages and wine, filed

separate and apart from all other records, (2) establishing or maintaining living quarters

in or connected to the licensed premises and (3) failing to keep the licensed premises

clean, arranged and well-lighted to allow ready access and observation by enforcement

officers and to avoid any undue hazards to patrons (two counts).

24. BJT, Inc.

T/A Mutual Dist Company

1133 Upper Asbury Avenue

Charlotte, NC 28206

0078CM-981

AT AU BL BM

ALE District VII


charge of selling, as a wine wholesaler, to a business which did not hold a retail or

wholesale Unfortified Wine permit.

25. Willie Bryant

T/A Neighborhood Grocery

701 Myrtle Avenue


00188276AK-999

AK AM AO

ALE District II


charge of possessing or consuming spirituous liquor upon premises where such

possession or consumption is not authorized by law.

9

26. Propst Superette 5, LLC

T/A Propst Superette 5

3890 Section House Road

Hickory, NC 28601

00161660AK-999

AK AO

ALE District VII


charge of selling or possessing alcoholic beverages for sale without first obtaining the

applicable ABC permit and revenue license.

27. Melanie Michelle Martin

T/A Quick N Ezee Food Mart

2650 West Boulevard

Charlotte, NC 28208

00176530AK-999

AK AM AO

ALE District VI


charges of (1) possessing adulterants intended to be used to adulterate urine or other

bodily fluid samples for the purpose of defrauding a drug or alcohol screening test, (2)

transferring glass tubes or splitters without requiring each transferee to sign his or her

name verifying that the article purchased would not be used as drug paraphernalia, in a

log maintained solely for that purpose and (3) selling, offering to sell, possessing or

knowingly allowing the possession of alcoholic beverages, the possession of which is not

authorized by the ABC laws.

28. Utsav, Inc.

T/A Quick Shop

939 US Highway 52 S

Wadesboro, NC 28170

00215849AK-999

AK AM AO

ALE District VI


charges of (1) possessing, for sale to the general public, prescription contact lenses

without being a licensed physician or optometrist and (2) possessing spirituous liquor

upon premises where such possession or consumption is not authorized by law.

10

29. Feest, Inc.

T/A Spanky’s Sports Bar and Grill

2532 Onslow Drive

Jacksonville, NC 28540

00120128AJ-999

AJ AL AN AZ

Jacksonville Police Department


charges of (1) failing to keep the licensed premises clean, arranged and well-lighted to

allow ready access and observation by enforcement officers and to avoid any undue

hazards to patrons and (2) failing to superintend.

30. Sam’s Pit Stop, Inc.

T/A Sam’s Pit Stop 63

1707 South Madison Street

Whiteville, NC 28472

00126050AK-997

AK AM

ALE District I


charge of performing services while or after having consumed alcoholic beverages.

31. Sheetz of NC, LLC

T/A Sheetz 542

1671 NC Highway 42 W

Clayton, NC 27520

Q11557-937

AK AM AO

ALE District IV

Offer in Compromise: 33-day suspension, with the last 30 days suspended upon payment

of $3,000.00 on the charge of selling to an underage person.

32. Tooie, LLC

T/A Soul Flavor

716 North Lake Park Boulevard, Suite 3

Carolina Beach, NC 28428

00258557AJ-999

AJ AL AY

ALE District I


charges of preforming services while or after having consumed alcoholic beverages

(three counts).

11

33. Allen’s Enterprises Group, Inc.

T/A Szechuan Garden

10285 Chapel Hill Road, Suite 300

Morrisville, NC 27560

00248779AJ-999

AJ

ALE District IV


charge of permitting the possession or consumption of spirituous liquor upon premises

where such possession or consumption is not authorized by law.

34. R and A, Inc.

T/A Tres Pesos Bar and Grill

1414 Franklin Boulevard

Gastonia, NC 28054

00256884AJ-999

AJ AL AY

Gastonia Police Department



35. JAS Brothers, LLC

T/A Waughtown Grocery

900 Waughtown Street


00207345AK-999

AK AM

ALE District V


charges of (1) selling to an underage person and (2) allowing consumption of malt

beverages while upon premises only having an Off-Premise Malt Beverage permit.

36. Armadillo Grill, Inc.

T/A Armadillo Grill

120 East Main Street

Carrboro, NC 27510

59450A-999

AJ AL AY

Carrboro Police Department


of 3,000.00 on the charge of selling to an underage person.

12

37. Payless, Inc.

T/A A and B Mini Mart

529 South Blount Street, Space 3

Raleigh, NC 27601

00224912AK-998

AK

ALE District IV


charge of transferring glass tubes or splitters without requiring each transferee to sign his

or her name verifying that the article purchased would not be used as drug paraphernalia,

in a log maintained solely for that purpose.

38. Sargas, Inc.

T/A Cross Link Mart

1109 Cross Link Road

Raleigh, NC 27610

00209639AK-999

AK AM AO

ALE District IV


charge of failing to keep the licensed premises clean, arranged and well-lighted to allow

ready access and observation by enforcement officers and to avoid any undue hazards to

patrons.

39. Geronimo Restaurants, Inc.

T/A Del Rancho Mexican Grill

5279 North Roxboro Road, Suite J

Durham, NC 27712

00166508AJ-999

AJ AL AN AY

Durham County ABC Board


charges of (1) displaying point-of-sale advertising, advertising a specialty item or price

board, in a manner designed to advertise malt beverages and mixed beverages on the

outside of the establishment on other than a food menu and (2) failure to superintend.

13

40. Kalsee, LLC

T/A Dreams Tobacco Mart

501 South Memorial Drive


00246174AK-998

AK AM AO




41. Durham Distillery, LLC

T/A Durham Distillery

711 Washington Street, Suite 200

Durham, NC 27701

00230969CM-999

BF DH

ALE District IV


charge of causing alcoholic beverages to be shipped directly to a North Carolina resident

who did not hold a valid wholesaler’s permit.

42. H & A Enterprises of NC, Inc.

T/A East Mountain Kwik Mart

149 East Mountain Street

Rutherfordton, NC 28139

00228955AK-999

AK AM AO

ALE District VIII


charge of selling to underage persons.

14

43. Emmasa, Inc.

T/A El Arriero

6932 Market Street, Suite P

Wilmington, NC 28411

00219946AJ-998

AJ

ALE District I

Offer in Compromise: 8-day suspension, suspended upon payment of $800.00 on

charges of (1) failing to maintain, on the premises and available for inspection or audit

for three years, all records including original invoices related to alcoholic beverages and

mixed beverages and (2) failing to post ABC permits in a prominent place on the

premises.

44. Startown Lounge, Inc.

T/A 5 O’Clock Somewhere

16 2nd Street NW

Hickory, NC 28601

66507A-999

AJ AL

ALE District VII


charge of failing to determine the age of a person possessing or consuming alcoholic

beverages.

45. Gators Sports Pub, LLC

T/A Gators Sports Pub

1171 Jeffreys Road


00243682AJ-999

AJ AL AZ

ALE District II


charge of allowing the consumption of alcoholic beverages between the hours of 2:30

AM AND 7:00 AM.

15

46. Sai Prabhu Food Mart, LLC

T/A Green’s Mini Mart

414 Depot Street

Asheville, NC 28801

00250391AK-999

AK AM AO

ALE District VIII


charge of knowingly allowing violations of the controlled substance statutes to occur.

47. Jeet 2003 Food, Inc.

T/A Jeet 2003 Food

531 NC Highway 42 W

Clayton, NC 27520

00253812AK-999

AK

ALE District IV



48. Jimmy’s Corner Store, Inc.

T/A Jimmy’s Corner Store

5134 Oxford Road

Timberlake, NC 27583

00204873AK-999

AK AM AO

ALE District IV



49. Joe’s Sports Bar, LLC

T/A Joe’s Sports Bar and Grill

360 Exchange Street, Suite 102

Concord, NC 28027

00156885AJ-999

AJ AL AY

Concord Police Department


charge of allowing an intoxicated person to consume alcoholic beverages.

16

50. Circle K Stores, Inc. Continued

T/A Kangaroo Express 3158

401 Monroe Street

Carthage, NC 28327

Q11434-665

AK AM

Moore County Sheriff’s Office

51. Dada Asim, Inc.

T/A K’s Food Mart

8148 Highway 33 E

Grimesland, NC 27837

00243597AJ-999

AJ

ALE District II




hazards to patrons and (2) knowingly allowing violations of the controlled substances

statutes to occur.

52. Mi Casa WS, LLC

T/A Mi Casa

5096 Peter’s Creek Parkway, Unit 15


00246262AJ-999

AJ AL AN AY

Triad Municipal ABC Board


charges of (1) tax stamps missing and (2) premixing mixed beverages prior to receiving

an order for the beverage from a customer.

53. Habtemichale Bairu

T/A Mike’s Grocery

3435 The Plaza

Charlotte, NC 28205

00131698AK-998

AK AM AO

Mecklenburg County ABC Board


charge of transferring glass tubes or splitters without requiring each transferee to sign his

or her name verifying that the article purchased would not be used as drug paraphernalia,

in a log maintained solely for that purpose.

17

54. My Stop, Inc.

T/A My Stop

701 Hooker Road


00213376AK-999

AK AM




55. On the Roxx, LLC

T/A On the Roxx

19712 One Norman Boulevard, Suite 100

Cornelius, NC 28031

00196084AJ-999

AJ AL AN AZ



charges of (1) failing to require each prospective member to complete a written

application and (2) knowingly allowing violations of the controlled substances statutes.

56. Initiate, LLC

T/A Pint Central

1226 Central Avenue, Suite A

Charlotte, NC 28204

00215365AJ-999

AJ AL AN AY



charge of tax stamps missing.

57. M M Fowler, Inc.

T/A Reynolda Road BP 398

3836 Reynolda Road, Winston Salem, NC 27106

Durham, NC 27705

Q11390-970

AK AM

ALE District V



18

58. Flores Restaurant, Inc.

T/A San Jose Mexican Restaurant

1616-A South Madison Street

Whiteville, NC 28472

00100355AJ-999

AJ AL AY

ALE District I


charge of failing to have food available at all times that alcoholic beverages are being

served.

59. GPM Southeast, LLC

T/A Scotchman 3182

5200 Wrightsville Avenue


Q11608-998

AK AM AO

New Hanover County Sheriff’s Office



60. HM Brothers NC, LLC

T/A Shop and Save 10

3300 Highway 226 S

Marion, NC 28752

00212246AK-999

AK AM AO

ALE District VIII



61. Find Something To Do, LLC

T/A Slate Billiards and Oak Room

200 East Bland Street, Suite C

Charlotte, NC 28203

00225433AJ-999

AJ AL AN AZ

ALE District VI


charges of (1) possessing empty containers of spirituous liquor, purchased for resale in

mixed beverages, bearing mixed beverage tax stamps which had not been permanently

defaced and (2) failing to limit the private club’s facility to members and their guests.

19

62. Speedway, LLC

T/A Speedway 8678

8060 US Highway 70 W

Clayton, NC 27520

Q11615-830

AK AM

ALE District IV



63. Shri Kedarnath, Inc.

T/A Tobacco House

100 West Church Street

Cherryville, NC 28021

00211312AK-999

AK

ALE District VI


charge of selling adulterants with the intent that they be used to adulterate a urine or other

bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.

64. Toreros Forestville, LLC

T/A Toreros Mexican Restaurant

3002 Leland Drive

Raleigh, NC 27616

00216097AJ-999

AJ AL AY



charge of possessing nontaxpaid alcoholic beverages.

20

65. Mohamed Mart, LLC

T/A Yaya Food Mart 2

3122 Murchison Road

Fayetteville, NC 28301

00252252AK-999

AK AM AO

ALE District III


charges of (1) knowingly possessing or possessing with intent to use drug paraphernalia

to inject, inhale or otherwise introduce into the body a controlled substance which would

be unlawful to possess and (2) failing to maintain less than $1,500.00 inventory of staple

foods, while on licensed premises other than a wine shop.

66. Aldi NC, LLC Continued

T/A Aldi 40

655 South Square Drive

Winterville, NC 28590

Q11518 – 988

AK AM


67. Circle K Stores, Inc.

T/A Circle K 2720386

500 Jones Ferry Road

Carrboro, NC 27510

Q11434-546

AK AM AO

Carrboro Police Department



21

68. David Henry Watson

T/A David’s

1011 Roanoke Avenue

Roanoke Rapids, NC 27870

00095315AJ-999

AJ AL AY BX

ALE District II

Offer in Compromise: 20-day suspension, suspended upon payment of $750.00 on



hazards to patrons, (2) failing to have food available at all times that alcoholic beverages

are being served and (3) performing services while or after having consumed alcoholic

beverages.

69. Mox, LLC

T/A OHM Quick Shop

12305 Capital Boulevard

Wake Forest, NC 27587

00242952AK-999

AK AM AO




70. Sajah Enterprises, Inc.

T/A Safeway Food Market

3316 Wilshire Boulevard


00223950AK-999

AK AM AO

ALE District I



22

71. Loyal Order of Moose

T/A Waynesville Lodge 1733

74 George Street

Waynesville, NC 28786

14730J-999

AJ AS

ALE District VIII


charge of participating in or allowing the operation of a game of chance where money,

property, or other thing of value was bet.

72. Russell Wesley Craig

T/A Turn Sports Bar

6250 NC Highway 16 S

Denver, NC 28650

47922A-991

AJ AL AZ

ALE District VII


charge of tax stamps missing.

23

73. Russell Wesley Craig

T/A Twin Oaks Sports Bar and Grill

5242 Slanting Bridge Road

Denver, NC 28037

47922A-994

AJ AL AZ

ALE District VII


of $5,000.00 on charges of (1) failing to clear all tables and counters of all alcoholic

beverages, bottles, cans, glasses and containers by 2:30 AM, (2) failing to keep the

licensed premises clean, arranged and well-lighted to allow ready access and observation

by enforcement officers and to avoid any undue hazards to patrons, (3) failing to limit the

use of the private club facilities to only members and their guests, (4) allowing the

possession and consumption of alcoholic beverages in an area of the premises other than

those specifically approved by the ABC Commission (two counts), (5) selling alcoholic

beverages between the hours of 2:00 AM and 7:00 AM (two counts), (6) preforming

services while or after having consumed alcoholic beverages, (7) participating or

allowing the operation of a game of chance where money, property, or other thing of

value was bet (three counts), (8) delivering more than one drink at one time to a single

patron for his/her personal consumption, (9) selling alcoholic drinks at a price that is

different from the usual price, (10) possessing containers of spirituous liquor, purchased

for resale in mixed beverages, bearing mixed beverage tax stamps which had not been

permanently defaced and (11) giving away drinks to a segment of the population.

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