County of halifax administrative hearings



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STATE OF NORTH CAROLINA IN THE OFFICE OF

COUNTY OF HALIFAX ADMINISTRATIVE HEARINGS


07 ABC 0504

NC Alcoholic Beverage Control Commission, )

Petitioner )

)

v. ) DECISION



)

A Double A Enterprises, Inc., )

T/A Phillips 66, )

Respondent )


This contested case was heard before Donald W. Overby, Administrative Law Judge, Office of Administrative Hearings, on June 21, 2007, in Greenville, North Carolina.


APPEARANCES
For Petitioner: K. Renee Cowick, Esq.

Witnesses: Detective Orlando Rosario, Roanoke Rapids Police Department

Agent Brent Massey, Alcohol Law Enforcement
For Respondent: Franklin L. Jones, Jr., Esq.

ISSUES

Whether Respondent, through its president and sole stockholder Shadi Innab, failed to superintend in person or through a manager the business for which permits were issued due to various controlled substance transactions occurring on the licensed premises from September 13, 2006 through December 20, 2006, in violation of NCGS §18B-1005(b) and NCGS §90-95?


FINDINGS OF FACT
The undersigned Administrative Law Judge finds the following facts:
1. Respondent holds Malt Beverage, Unfortified Wine and Fortified Wine permits since June 2005 at a business known as Phillips 66 located at 122 Roanoke Avenue, Roanoke Rapids, North Carolina 27870.
2. Detective Orlando Rosario (hereinafter “Rosario”) is employed by the Roanoke Rapids Police Department. During the period of September 2006 through December 2006, Rosario was an undercover officer assigned to attempt to make controlled substance purchases at various locations throughout Roanoke Rapids, North Carolina. Approximately 500 criminal charges were brought throughout the undercover campaign.
3. During the period of September 2006 through December 2006, Rosario visited Respondent’s premises on several occasions.
4. Each time that Rosario visited Respondent’s premises, there were anywhere from three to 10 persons loitering in the Respondent’s parking lot. According to Rosario, it was “ridiculously easy” to buy drugs on Respondent’s premises in that when he would pull into the lot, people would approach him and offer to sell him anything.
5. Shadi Mohammed Innab (hereinafter “Innab”) is the sole shareholder and officer for A Double A Enterprises, Inc. Abdel Naser Jaber (hereinafter “Jaber”) is an employee of Respondent.
6. On each occasion that Rosario visited Respondent’s premises, he observed either Innab or Jaber working at the establishment.

7. On each occasion that Rosario was able to purchase a controlled substance on the Respondent’s premises, the substance was either crack cocaine or marijuana.


8. On September 13, 2006, at approximately 5:58 PM, Rosario was able to purchase controlled substances from Haywaun Hyman and Mychal Bynum while on the Respondent’s premises.
9. On September 19, 2006, at approximately 12:07 PM, Rosario was able to purchase a controlled substance from Chauncey Hallums while on the Respondent’s premises.
10. On September 19, 2006, at approximately 1:42 PM, Rosario was able to purchase a controlled substance from Haywaun Hyman while on the Respondent’s premises.
11. On September 26, 2006, at approximately 2:21 PM, Rosario was able to purchase a controlled substance from Christopher Pinkney while on the Respondent’s premises.
12. On September 27, 2006, at approximately 7:05 PM, Rosario was able to purchase a controlled substance from Terriel High while on the Respondent’s premises.
13. On October 9, 2006, at approximately 12:30 PM, Rosario was able to purchase a controlled substance from Haywaun Hyman while on the Respondent’s premises.
14. On December 19, 2006, at approximately 2:45 PM, Rosario was able to purchase a controlled substance from Timothy Cross while on the Respondent’s premises.


  1. On December 20, 2006, at approximately 11:45 PM, Rosario was able to purchase a controlled substance from Rasheed Hyman while on the Respondent’s premises.




  1. The building from which the Respondent’s business is conducted has large windows which allow anyone inside a good view of most of the lot around the building. Of the transactions conducted by Rosario, only two of them would have been in an area behind the building where Respondent or his employer would not have been able to see.


CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following Conclusions of Law:
1. The Office of Administrative Hearings has jurisdiction in this matter.
2. From September 13, 2006, through December 20, 2006, Respondent failed to superintend in person or through a manager the business for which permits were issued due to controlled substance transactions occurring on the licensed premises in violation of NCGS §18B-1005(b) and NCGS §90-95.
DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned Administrative Law Judge recommends that the ABC Commission suspend the Respondent’s ABC permits for 120 days and assess a $500.00 penalty.
ORDER
It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearing, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with NCGS §150B-36(b).
NOTICE
The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this recommended decision and to present written arguments to those in the agency who will make the final decision. NCGS §150B-36(a).
The agency is required by NCGS §150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the parties’ attorney on record and to the Office of Administrative Hearings.
The agency that will make the final decision in this contested case is the NC Alcoholic Beverage Control Commission.
This is the 6th day of August 2007.

____________________________________

Donald W. Overby

Administrative Law Judge






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