Accusation Against Costanzos Genco Olive Oil Company, Inc

Information contained in the accusation against Costanzos Genco Olive Oil Company, Inc, DBA: Sidelines Sports Bar before the Department of Alcoholic Beverage Control of the State of California.

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Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:
Costanzos Genco Olive Oil Company, Inc
DBA:
Sidelines Sports Bar
Premises:
732 9th St, Arcata, CA 95521-6206
License(s):
On-Sale General Public Premises
File:
48-582812
Reg:
180868872
Stamp 1:
Filed, Alcoholic Beverage Control, May 2, 2018

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that-the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Ryan Johnston aka “RJ” to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Ryan Johnston aka “RJ” to sell, furnish or offer to sell or furnish, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 6

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 7

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 8

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Scott, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 9

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Bernstein, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 10

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 11

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 12

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 13

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Scott, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Licensee(s) Previous Record: Licensed as above since August 8, 2017.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 8th day of May, 2018.

Deputy Chief Counsel
Department of Alcoholic Beverage Control