ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann.§ 61-1-55 (Supp. 1993) and
S.C. Code Ann. §§ 1-23-310, et seq. (Rev. 1986 & Supp. 1993) upon request for a hearing by
Respondent after being cited for alleged administrative violations against the club sale and
consumption license and beer and wine permit of William L. Turoto occurring on or about
July 17, 1994. The South Carolina Department of Revenue and Taxation (hereinafter referred to
as "DOR") seeks revocation of Respondent's license and permit for the alleged violation, as it
would constitute a fifth violation in three years. A hearing was held on December 1, 1994.
Respondent failed to appear or request a continuance. I find that the violation of permitting
purchase of beer by a person under the age of 21 occurred. Respondent's sale and consumption
license and beer and wine permit are hereby revoked.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds a sale and consumption liquor license and beer and wine permit at
1336 Broad Street, Sumter, South Carolina, at a club known as The Hustler.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent and DOR.
(3) Respondent received notice of the hearing time. date, and place by certified mail,
receipt of which was signed by Respondent on October 25, 1994.
(4) On the evening of July 17, 1994, Jessica Rodriguez, date of birth December 17, 1976,
(18 years of age), entered the licensed location and ordered a Coors Light beer. She was not
asked her age or identification. Miss Rodriguez was served a beer by Respondent's employee.
(5) Respondent committed a previous violation of the alcoholic beverage laws on
October 1, 1992, by employing a person under the age of 21.
(6) Respondent committed a previous violation of the alcoholic beverage laws on
April 30, 1993, by permitting the possession of beer by a person under the age of 21.
(7) Respondent committed a previous violation of the alcoholic beverage laws on
August 20, 1993, by permitting the possession of beer by a person under the age of 21.
(8) Respondent committed a previous violation of the alcoholic beverage laws on
August 20, 1993, by violating the happy hour law.
(9) Petitioner seeks revocation of Respondent's sale and consumption license and beer
and wine permit.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
(1) Pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1993) and Chapter 23 of Title I of the
1976 Code, as amended, the South Carolina Administrative Law Judge Division has jurisdiction in
this matter.
(2) The Hustler is a night club, serving alcoholic beverages to patrons pursuant to S.C.
Code Ann. § 61-5-20 (Supp. 1993) as the holder of a sale and consumption license and serving
beer and wine pursuant to S.C. Code § 61-9-310 (Supp. 1993).
(3) Liquor licenses are neither contracts nor property rights. They are mere permits,
issued or granted in the exercise of the State's police power and to be enjoyed only so long as the
restrictions and conditions governing their continuance are complied with. The tribunal
authorized to grant the issuance of a license is likewise authorized, for cause, to revoke it.
Feldman v. S.C. Tax Commission, 203 S.C. 49, 26 S.E. 2d 22 (1943).
(4) A violation of any regulation or code section of the Alcoholic Beverage Control Act is
punishable by revocation or suspension of the license pursuant to S.C. Code Ann. § 61-5-60
(Supp. 1993).
(5) For the third offense of a provision of Article 1, Chapter 5, Title 61, within three years
of the first offense, a person shall be fined not less than five hundred dollars and have his license
revoked permanently pursuant to S.C. Code Ann.
§ 61-5-110 (Supp. 1993).
(6) The July 17, 1994, violation constitutes a fifth violation of Article 1, Chapter 5,
Title 61 by Respondent in less than three years.
(7) A party who fails to appear at a hearing without prior consent of the judge is in
default under Rule 25, Administrative Law Judge Division Temporary Operating Procedures
(adopted June 20, 1994). The contested case may be disposed of adversely to the defaulting party
upon motion of the other party.
(8) Respondent is in default, and upon motion of DOR, the affirmative relief sought by
DOR against the respondent may be granted.
ORDER
IT IS THEREFORE ORDERED that the sale and consumption license and beer and
wine permit held by William L. Tuorto, d/b/a The Hustler, 1336 Broad Street, Sumter, South
Carolina, are hereby revoked. A South Carolina Law Enforcement Division agent shall serve a
copy of this Order on William L. Tuorto and take possession of the license and permit.
William L. Tuorto and his agents are to cease and desist all sales of liquor, beer and wine at the
location.
_________________________________________
STEPHEN P. BATES
Administrative Law Judge
December 8, 1994
Columbia, South Carolina |