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that he sold shots of liquor for $1 and that each bottle of
liquor contained approximately 20 to 22 shots. Respondent
determined that each liquor drink contained 1 ounce of liquor on
the basis of the sale of 21 shots from each .750-liter bottle of
liquor (i.e., after the 16-percent discretionary use allowance
each .750-liter bottle yields twenty-one 1-ounce shots).32
Petitioner testified that he sold liquor drinks ranging in
size from 1.5 to 1.75 ounces per drink. Although drinks were
"free poured" (i.e., measured by eye rather than a standard
measuring device), petitioner indicated that it was his "standard
policy" to "give them a good drink at the Bullfrog" and that
"everybody got a good shot and a half [to a] shot and three
quarters." Accordingly, petitioner contends that the average
amount of liquor poured in each drink was 1.6 ounces. Petitioner
also contends that his testimony is fully consistent with his
earlier statement to Ms. Antoun because each liter bottle of
liquor generates 20 to 22 shots which are at least 1.5 ounces.33
32 We confirmed respondent's computation as follows:
Ounces per .750-liter bottle 25.13
Less: 16-percent discretionary use allowance 4.02
Ounces available for sale 21.11
Divided by 21 shots per bottle 21
Ounces per shot 1.005 (rounded
to 1)
33 If 20 shots are sold from each liter bottle, petitioner
contends that each shot is at least 1.65 ounces (i.e., 33 ounces
� 20 shots = 1.65 ounces per shot). If 22 shots are sold from
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