Bounced Check and Failed Test May Explain Como’s License Suspension

ScottWrightadTOPBounced Check and Failed Test May Explain Como’s CandleWickShoppe_Oakland115_144x260License Suspension

(Crystal A. Proxmire, Dec. 23, 2015)

A bright orange sign is posted on the doorway to Como’s Restaurant on Woodward Ave in Ferndale, announcing that their liquor license has been suspended for 50 days. The sign is put behind blurry glass, so if the reason is given, it is obscured.

However a search of the License and Regulatory Affairs website gives some insight into the restaurant’s challenges with following the rules.

There appears to be two issues in the business’s recent past. One is being caught selling alcohol to an underage police decoy, and another is bounced checks.

royal_servicesThe violation for selling to an underage person has the following information:

4/20/2015 HEARING HELD SOUTHFIELD GAFFNEY/MOODY-FREEZA/GIBSON AG/ADJORNEMENT AG MEMO AG MOODY-FREEZA REASON HEARING ADJOURNED BECAUSE THE FERNDALE PD WERE NOT PRESENT DUE TO MISCOMMUNICATION.

8/24/2015 HEARING HELD SOUTHFIELD MOURNING/MCDOWELL/GIBSON NEG SETTLEMENT COST $28.40 9/23/2015 IN DETERMINING WHETHER TO APPROVE THE NEGOTIATED SETTLEMENT AS PROPOSED ABOVE, THE ADMINISTRATIVE LAW JUDGE CONSIDERED THE STATEMENT OF SUPPORT FOR THE AFOREMENTIONED SETTLEMENT BY DETECTIVE PAUL SIMPSON ON BEHALF OF THE FERNDALE POLICE DEPARTMENT. IN DETERMINING WHETHER TO APPROVE THE NEGOTIATED SETTLEMENT AS PROPOSED ABOVE, THE ADMINISTRATIVE LAW 711 ad pizzaJUDGE CONSIDERED THE LICENSEE’S TOTAL RECORD, WHICH SHOWS THIRTEEN (13) PREVIOUS VIOLATIONS SINCE BEING LICENSED ON JULY 27, 1972, AT THE ABOVE-NAMED LOCATION UNDER THE CURRENT OWNERSHIP. IN DETERMINING WHETHER TO APPROVE THE NEGOTIATED SETTLEMENT AS PROPOSED ABOVE, THE ADMINISTRATIVE LAW JUDGE FURTHER TOOK INTO CONSIDERATION, AS MITIGATIVE CIRCUMSTANCES, THE STATEMENTS MADE BY THE PARTIES. IN CONSIDERATION OF THE AFOREMENTIONED CIRCUMSTANCES AND STATEMENTS, THE ADMINISTRATIVE LAW JUDGE ACCEPTS THE TERMS AND CONDITIONS OF THE PROPOSED NEGOTIATED SETTLEMENT AND ORDERS AS FOLLOWS: THE ADMINISTRATIVE LAW JUDGE ACCEPTS THE LICENSEE’S PLEA OF ACKNOWLEDGMENT TO THE ONE CHARGE IN CASE NO. 4-168829. THE ADMINISTRATIVE LAW JUDGE ACCEPTS THE VIOLATION REPORT AND ITS ATTACHMENTS AS SUBSTANTIVE EVIDENCE. MrMufflerAdFURTHER, THE ADMINISTRATIVE LAW JUDGE ACCEPTS A TRUE COPY OF THIS LICENSEE’S RECORD SINCE BEING LICENSED BY THE COMMISSION AT THE ABOVE-NAMED LOCATION UNDER THE CURRENT OWNERSHIP.

9/23/2015 ORDER CONT…BASED UPON THE AFOREMENTIONED PLEA BY THE LICENSEE AND A REVIEW OF THE VIOLATION REPORT AND ITS ATTACHMENTS, THE ADMINISTRATIVE LAW JUDGE FINDS THAT THE LICENSEE VIOLATED MCL 436.1801(2) AS CITED IN THE ONE CHARGE IN THE COMPLAINT.THE ADMINISTRATIVE LAW JUDGE FINDS THAT, WHILE UNDER THE DIRECTION OF LAW ENFORCEMENT, [decoy name], WHO WAS NINETEEN (19) YEARS OF AGE AT THE TIME OF THE INCIDENT, ENTERED THE ABOVE-NAMED LICENSED ESTABLISHMENT ON OCTOBER 18, 2014 AND PURCHASED ALCOHOLIC LIQUOR FROM AN EMPLOYEE OF THE LICENSEE. THE ADMINISTRATIVE LAW JUDGE FURTHER FINDS THAT THE EMPLOYEE OF THE LICENSEE DEMANDED ANDRustBeltAd01 WAS SHOWN A MICHIGAN DRIVER’S LICENSE SHOWING THAT THE DECOY WAS LESS THAN TWENTY-ONE (21) YEARS OLD; HOWEVER, THE EMPLOYEE STILL SOLD ALCOHOLIC LIQUOR TO THE DECOY. THE EMPLOYEE DID NOT MAKE A DILIGENT INQUIRY TO DETERMINE THE TRUE AGE OF THE PURCHASER. AS A PENALTY, THE ADMINISTRATIVE LAW JUDGE ORDERS A FINE OF $700 IN THIS MATTER. FURTHER, THE ADMINISTRATIVE LAW JUDGE ORDERS THAT A SUSPENSION OF THIRTY-FIVE (35) CONTINUOUS DAYS SHALL BE IMPOSED IF THE FINE IS NOT PAID, WITH THIS SUSPENSION TO RUN CONSECUTIVELY AND NOT CONCURRENTLY WITH ANY OTHER SUSPENSION ORDERED BY THE COMMISSION, IF THE FINE IS NOT PAID WITHIN FORTY-FIVE (45) DAYS FROM THE MAILING DATE OF THIS ORDER. FURTHER, THE ADMINISTRATIVE LAW JUDGE ORDERS THAT THIS NEGOTIATED SETTLEMENT IS A FULL AND FINAL DISPOSITION OF THIS MATTER BEFORE THE COMMISSION, THAT THERE IS NO FURTHER RIGHT OF ADMINISTRATIVE OR JUDICIAL APPEAL, EITHER TO THE COMMISSION OR ANY garden16_jeannie_davisCOURT OF LAW, THAT THE PLEA IN THIS CASE HAS BEEN ENTERED VOLUNTARILY AND WITH THE FULL UNDERSTANDING OF ALL CONSEQUENCES, THAT THERE ARE NO PROMISES, STIPULATIONS, UNDERSTANDINGS OR AGREEMENTS OTHER THAN THOSE STATED AS PART OF THE OFFICIAL RECORD HEREIN, AND THAT THIS NEGOTIATED SETTLEMENT REPRESENTS THE FINAL AGREED SETTLEMENT.FURTHER, THE ADMINISTRATIVE LAW JUDGE ORDERS THE LICENSEE TO PAY A TOTAL COST OF $28.40 FOR WITNESS FEE

9/23/2015 ORDER CONT…FEES INVOLVED IN CONNECTION WITH THE HEARING.

A second ruling was in the matter of a check that did not clear for nonsufficient funds. The $1059.01 shortcoming led to the following report:

8/24/2015 HEARING HELD SOUTHFIELD MOURNING/MCDOWELL/GIBSON ACK 9/23/2015 IN DETERMINING PENALTY, THE ADMINISTRATIVE LAW JUDGE CONSIDERED THE LICENSEE’S TOTAL RECORD, WHICH SHOWS THIRTEEN (13) PREVIOUS VIOLATIONS SINCE BEING LICENSED ON JULY 27, 1972, AT THE ABOVE-NAMED LOCATION UNDER THE CURRENT OWNERSHIP AS A PENALTY, THE ADMINISTRATIVE LAW JUDGE ORDERS A FINESchrock2015_SmilingFace_ad OF $300 FOR THE ONE CHARGE IN THIS MATTER. FURTHER, THE ADMINISTRATIVE LAW JUDGE ORDERS THAT A SUSPENSION OF FIFTEEN (15) CONTINUOUS DAYS SHALL BE IMPOSED IF THE FINE IS NOT PAID, WITH THIS SUSPENSION TO RUN CONSECUTIVELY AND NOT CONCURRENTLY WITH ANY OTHER SUSPENSION ORDERED BY THE COMMISSION, IF THE FINE IS NOT PAID WITHIN FORTY-FIVE (45) DAYS FROM THE MAILING DATE OF THIS ORDER.

The site does not include the decision to send the order, but based on the timeline of penalties for the above violations there is a possibility that the suspension is related or that it could be a completely new violation.  This story will updated with more info. if necessary.

Como’s has remained open, presumably with a focus on their food items. Their specialties are Italian dishes and pizza.

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