Is the ABCC required to accept from a licensee a fine as an offer in compromise in lieu of suspension?
No. The ABCC may accept an offer in compromise in lieu of suspension from a licensee or certificate of compliance holder (an out‑of–state supplier) if they petition the ABCC to accept this offer in compromise within twenty (20) days following notice of a suspension of the license. The fine to be paid is calculated according to the formula set out in Section 23 of Chapter 138: Fifty percent of the per diem gross profit multiplied by the number of license suspension days, with the gross profit to be determined as gross receipts on alcoholic beverage sales less the invoiced cost of goods sold per diem. In no event is the fine less than $40.00 per day.
No. The ABCC may accept an offer in compromise in lieu of suspension from a licensee or certificate of compliance holder (an out-of-state supplier) if they petition the ABCC to accept this offer in compromise within twenty (20) days following notice of a suspension of the license. The fine to be paid is calculated according to the formula set out in Section 23 of Chapter 138: Fifty percent of the per diem gross profit multiplied by the number of license suspension days, with the gross profit to be determined as gross receipts on alcoholic beverage sales less the invoice cost of goods sold per diem. In no event is the fine less than $40 per day. It is worth noting that Local License Authorities are not authorized to accept “fines in lieu”.
