Decision Against Nabil Ahmed Alharby

Information contained in the decision against Nabil Ahmed Alharby, DBA: Midway Market before the Department of Alcoholic Beverage Control of the State of California.

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Decision and Certificate of Decision

In the Matter of the Accusation Against:

Respondent(s) / Licensee(s):
Nabil Ahmed Alharby
DBA:
Midway Market
Premises:
1629 Midway Ave, Modesto, CA 95358
License(s):
Off-Sale General
Office:
Stockton District Office
File:
21-467116
Reg:
17086101

Under the Alcoholic Beverage Control Act

The above-entitled matter having regularly come before the Department for decision and the respondent(s) having filed a stipulation and waiver, on March 7, 2018 (attached hereto and incorporated by reference herein), in connection with the accusation herein in which respondent(s) waives right to hearing, reconsideration and appeal, and good cause appearing, the Department hereby adopts the terms of the stipulation and waiver as its decision in this matter and further finds that, pursuant to said stipulation and waiver, cause for disciplinary action has been established.

Grounds for suspension or revocation have been established under Article XX, Section 22 of the State Constitution and Business and Professions Code section 24200(a&b).

It is hereby certified that the Department of Alcoholic Beverage Control adopted the foregoing as its decision in this matter, effective immediately.

The license(s) issued to respondent(s) at the above-mentioned premises is hereby revoked, with said revocation stayed for a period of 180 days from the effective date of the Department’s decision until September 7, 2018 upon the conditions listed on the stipulation and waiver attached.

PURSUANT TO THE REQUEST OF THE DISTRICT OFFICE, THE SUSPENSION MAY BE SERVED IMMEDIATELY UPON SERVICE OF THIS DECISION.

Sacramento, California

Dated: March 7, 2018

Matthew D. Botting
General Counsel

NOTE: If the stipulation and waiver includes suspension or revocation of the license, the suspension or revocation does not start until the license certificate is picked up by the Department and a notice of suspension or revocation is posted at the licensed premises. A representative of the Department will contact you to make the necessary arrangements.

Stipulation and Waiver for Prehearing Settlement

In the Matter of the Accusation Against:

Respondent(s):
Nabil Ahmed Alharby
DBA:
Midway Market
Premises:
1629 Midway Ave, Modesto, CA 95358
Office:
Stockton
File:
21-467116
Reg:
17086101
Stamp 1:
Received, Alcoholic Beverage Control Office of Legal Services, March 7, 2018

Licensee(s) under the Alcoholic Beverage Control Act

The above-named respondent(s) does hereby:

  1. Acknowledge receipt of the accusation (with printed statement to respondent) and forms for notice of defense and stipulation and waiver in the above-entitled action.
  2. Stipulate that disciplinary action may be taken on the accusation and that such discipline may be determined on the basis of the facts contained in the investigative reports on file with the Department.
  3. Waive all rights to a hearing, reconsideration and appeal, and any and all other rights which may be accorded pursuant to the Alcoholic Beverage Control Act or the Administrative Procedure Act.
  4. Acknowledge that the licensee(s) understand(s) that by waiving said rights the Director of the Department of Alcoholic Beverage Control may, without further notice, enter an order revoking the Off-Sale General License(s) at the above-mentioned premises, the effective date to be set by further order of the Director of the Department of Alcoholic Beverage Control, said revocation to be stayed for a period of 180 days to permit the transfer of the license to persons and premises acceptable to the Department. Relatives and members of the licensees’ immediate family and persons related to the licensee(s) by blood or marriage will not be considered acceptable persons. In addition, the license shall forthwith be suspended indefinitely until the license is transferred. If the license has not been transferred as ordered herein, on or before the expiration of the stayed period, the Director may, without further notice, revoke the stay and enter an order revoking the license.

Signed: Nabil Alharby

Dated: March 7, 2018

Address: 1004 Parklawn Ave, Modesto, CA 95358

Telephone Number: (209) 622-6769

(If licensee is an individual, he/she must sign. If licensee is a partnership, at least one general partner must sign. If licensee is a corporation, an executive officer must sign showing his/her title.) This prehearing settlement offer is made solely to promote an early resolution and to eliminate the uncertainty and cost of litigation. If you choose not to accept this settlement offer and, instead, take this matter to hearing, the penalty recommended by the Department may be more or less severe depending upon the evidence presented at hearing. This offer shall expire at 3:00 p.m. on Friday February 16, 2018.