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                                    EXHIBIT

                                     10.44

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                              CONSULTING AGREEMENT

     EMPLOYMENT AGREEMENT, dated as of April 1, 1996, by and between Mootch &
Muck, Inc., a New York corporation (the "Company"), and Walter Miller, an
individual residing at __________________________________________ (the
"Consultant"). 

                              W I T N E S E T H :

     WHEREAS, the Company desires to secure the services of the Consultant upon
the terms and conditions hereinafter set forth; and

     WHEREAS, the Consultant desires to render services to the Company upon the
terms and conditions hereinafter set forth.

     NOW, THEREFORE, the parties mutually agree as follows:

     Section 1. Consulting Services. The Company hereby engages Consultant and
the Consultant hereby accepts such engagement, as a consultant to the Company,
subject to the terms and conditions set forth in this Agreement. The Consultant
shall provide advice to the Company regarding the sales and distribution of its
products in Nassau, Suffolk and Westchester counties, when and as requested by
the Company; provided however, that in no event shall the Consultant be required
to devote more than 10 hours per week to his duties as a consultant to the
Comapny.

     Section 2. Term of Agreement.

     The term of this Agreement shall be for a period of thirty six (36) months
commencing on the date hereof (the

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"Term"), subject to earlier termination by the parties pursuant to Section 4.

     Section 3. Payments to Consultant. 

     The Company shall (i) pay to Consultant an initial payment of three
thousand three hundred thirty three dollars ($3,333) and (ii) grant to the
Consultant options (the "Options") to purchase one hundred thousand (100,000)
shares of Common Stock of Bev-Tyme, Inc., the parent corporation of the Company
(the "Shares"), a form of such option is attached hereto as Exhibit A. The
Options shall be exercisable at $1.50 per share for a three year period
following the date of vesting. One sixth of the Options shall vest on the first
day of each calendar quarter commencing on July 1, 1996. Bev-Tyme agrees to file
a registration statement with the Securities and Exchange Commission covering
the Shares thereby permitting the sale of the Shares to the public.

     Upon the sale of the Shares by the Consultant, the Consultant shall provide
the Company with evidence of the aggregate sale price. In the event that the
Consultant has not received net proceeds (after the payment of the exercise
price) of at least three hundred thousand dollars ($300,000) (the "Target

Amount") from the sale of the Shares, the Company shall pay to the Consultant in
cash, shares of Bev-Tyme Common Stock or options to purchase shares of Bev-Tyme
Common Stock (at the Company's option) having a fair market value equal to the
difference between the Target Amount and the net proceeds 

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actually received by the Consultant from the sale of the Shares. In the event
the Options expire despite the Executive's attempts to exercise the Options and
sell the Shares in accordance with the terms of this Agreement, the Company
shall issue additional securities in accordance with the preceding sentence
whether or not the Executive is a consultant to the Company.

     In addition, the Company agrees to loan to the Consultant on the date
hereof on aggregate amount equal to $25,000. In exchange for such loan the
Consultant agrees to deliver to the Company a promissory note substantially in
the form of Exhibit B attached hereto.

     During the Term, the Company shall not reimburse the Consultant for any
expenses unless the Executive obtains the prior written consent of the President
of the Company which consent shall not be unreasonably withheld or delayed.

     Section 4. Termination.

           The Company may terminate the services of the Consultant at any time
upon sixty (60) days prior written notice.

     Section 5. Disclosure of Confidential Information.

     Consultant recognizes that he has had and will continue to have access to
secret and confidential information regarding the Company, including but not
limited to its customer list, products, know-how, and business plans. Consultant
acknowledges that such information is of great value to the Company, is the sole
property of the Company, and has been and will be acquired by him in confidence.
In consideration of the obligations 

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undertaken by the Company herein, Consultant will not, at any time, during or
after his engagement hereunder, reveal, divulge or make known to any person, any
information acquired by Consultant during the course of his employment, which is
treated as confidential by the Company, including but not limited to its
customer list, not otherwise in the public domain. The provisions of this
Section 5 shall survive Consultant's engagement hereunder.

          Section 6. Covenant Not To Compete.

     (a) Consultant recognizes that the services to be performed by him
hereunder are special, unique and extraordinary. The parties confirm that it is
reasonably necessary for the protection of Company that Consultant agree, and

accordingly, Consultant does hereby agree, that he shall not, directly or
indirectly, at any time during the term of the Agreement and the "Restricted
Period" (as defined in Section 6(e) below):

          (i)       except as provided in Subsection (c) below, be engaged in
                    sale, distribution or marketing of beverage products or
                    provide technical assistance, advice or counseling regarding
                    the beverage industry in the New York City boroughs of
                    Bronx, Brooklyn and Queens, either on his own behalf or as
                    an officer, director, stockholder, partner, consultant,
                    associate, employee, owner, agent, creditor, independent
                    contractor, or co-venturer of any third party; or

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          (ii)      employ or engage, or cause or authorize, directly or
                    indirectly, to be employed or engaged, for or on behalf of
                    himself or any third party, any employee or agent of Company
                    or any affiliate thereof.

     (b) Consultant hereby agrees that he will not, directly or indirectly, for
or on behalf of himself or any third party, at any time during the term of the
Agreement and during the Restricted Period solicit any customers of the Company
or any affiliate thereof.

     (c) If any of the restrictions contained in this Section 9 shall be deemed
to be unenforceable by reason of the extent, duration or geographical scope
thereof, or otherwise, then the court making such determination shall have the
right to reduce such extent, duration, geographical scope, or other provisions
hereof, and in its reduced form this Section shall then be enforceable in the
manner contemplated hereby.

     (d) This Section 6 shall not be construed to prevent Consultant from
owning, directly or indirectly, in the aggregate, an amount not exceeding five
percent (5%) of the issued and outstanding voting securities of any class of any
company whose voting capital stock is traded on a national securities exchange
or on the over-the-counter market other than securities of the Company.

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     (e) The term "Restricted Period," as used in this Section 6, shall mean the
period of Consultant's actual engagement hereunder.

     (f) The provisions of this Section 6 shall survive the end of the
Restricted Period as provided in Section 6(e) hereof.

     Section 7. Miscellaneous.

     7.1 Injunctive Relief. Consultant acknowledges that the services to be
rendered under the provisions of this Agreement are of a special, unique and

extraordinary character and that it would be difficult or impossible to replace
such services. Accordingly, Consultant agrees that any breach or threatened
breach by him of Sections 5 or 6 of this Agreement shall entitle Company, in
addition to all other legal remedies available to it, to apply to any court of
competent jurisdiction to seek to enjoin such breach or threatened breach. The
parties understand and intend that each restriction agreed to by Consultant
hereinabove shall be construed as separable and divisible from every other
restriction, that the unenforceability of any restriction shall not limit the
enforceability, in whole or in part, of any other restriction, and that one or
more or all of such restrictions may be enforced in whole or in part as the
circumstances warrant. In the event that any restriction in this Agreement is
more restrictive than permitted by law in the jurisdiction in which Company
seeks enforcement thereof, such restriction shall be limited to the extent
permitted by law.

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     7.2 Assignments. Neither Consultant nor the Company may assign or delegate
any of their rights or duties under this Agreement without the express written
consent of the other.

     7.3 Entire Agreement. This Agreement constitutes and embodies the full and
complete understanding and agreement of the parties with respect to Consultant's
engagement by the Company, supersedes all prior understandings and agreements,
whether oral or written, between the Consultant and the Company, and shall not
be amended, modified or changed except by an instrument in writing executed by
the party to be charged. The invalidity or partial invalidity of one or more
provisions of this Agreement shall not invalidate any other provision of this
Agreement. No waiver by either party of any provision or condition to be
performed shall be deemed a waiver of similar or dissimilar provisions or
conditions at the same time or any prior or subsequent time.

     7.4 Binding Effect. This Agreement shall inure to the benefit of, be
binding upon and enforceable against, the parties hereto and their respective
successors, heirs, beneficiaries and permitted assigns.

     7.5 Headings. The headings contained in this Agreement are for convenience
of reference only and shall not affect in any way the meaning or interpretation
of this Agreement.

     7.6 Notices. All notices, requests, demands and other communications
required or permitted to be given hereunder shall 

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be in writing and shall be deemed to have been duly given when personally
delivered, sent by registered or certified mail, return receipt requested,
postage prepaid, or by private overnight mail service (e.g. Federal Express) to
the party at the address set forth on the books and records of the Company or to
such other address as either party may hereafter give notice of in accordance

with the provisions hereof. Notices shall be deemed given on the sooner of the
date actually received or the third business day after sending.

     7.7 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New York without giving effect to such
State's conflicts of laws provisions and each of the parties hereto irrevocably
consents to the jurisdiction and venue of the federal and state courts located
in the State of New York, County of New York.

     7.8 Counterparts. This Agreement may be executed simultaneously in two or
more counterparts, each of which shall be deemed an original, but all of which
together shall constitute one of the same instrument.

     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth above.

                                              MOOTCH & MUCK, INC.

                                              By:_______________________________
                                                 Name:
                                                 Title:

                                                 _______________________________
                                                 Walter Miller

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With respect to Section 3 only:

BEV-TYME, INC.

By:____________________________
   Name:
   Title:

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