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 an alleged administrative violation against his beer and wine
permit occurring on or about July 21, 1994. The South Carolina Department of Revenue and
Taxation (hereinafter referred to as "DOR") seeks fifteen (15) days suspension of Respondent's
permit for the alleged violation. Respondent admits the purchase and possession of beer by an
underaged individual, but asserts that the purchase was not knowingly allowed. A hearing was
held on January 4, 1995. I find that a violation of permitting purchase of beer by a person under
twenty-one (21) years of age occurred. Respondent is ordered to pay a monetary fine of One
Hundred Dollars ($100) or have his beer and wine permit suspended for fifteen (15) days.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds an off-premises beer and wine permit at Piggly Wiggly Store #89,
located at 17 Broad Street, Prosperity, South Carolina.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent and DOR.
(3) On July 21, 1994, Agent Bryan Mazyck of the South Carolina Law Enforcement
Division (hereinafter referred to as "SLED"), Alcohol Enforcement Unit, transported and
observed a cooperating underaged individual enter the licensed location.
(4) Terence Thompson, date of birth February 27, 1977, was the underaged individual
working in cooperation with Agent Mazyck.
(5) Thompson purchased a quart bottle of Budweiser beer from a cashier, Ms. Doris
Morris. Before ringing up the sale at the register, Ms. Morris asked for and was shown
Thompson's valid South Carolina driver's license, which indicated his accurate date of birth.
(6) Agent Mazyck observed Thompson exit the store with the bottle of beer.
(7) SLED Agents subsequently entered the store, made contact with Respondent, who
was not present when the sale took place, and cited the cashier and Respondent.
(8) The cashier, an employee at the licensed location for twenty years, was cited for a
criminal violation of selling beer to a minor and completed the Pretrial Intervention Program.
(9) Respondent has owned and operated the licensed premises for forty years without
violation or incident.
(10) Respondent admits to the sale of beer to an underaged person but denies willful
misconduct on the part of himself or his employee.
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) Beer and wine 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 same
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).
(3) 23 S.C. Code Ann. Regs. 7-9(B) (1976) prohibits a licensee from knowingly allowing
the purchase or possession of beer by a person under the age of twenty-one (21) years on the
licensed premises. A violation constitutes grounds for suspension or revocation of the beer and
wine permit.
(4) Terence Thompson was seventeen (17) years of age at the time he purchased the beer.
(5) Respondent's employee knew or should have known from an examination of
Thompson's driver's license that he was underage. Feldman, supra.
(6) Respondent, through the actions of his employee, violated Reg. 7-9(B) by permitting
or knowingly allowing the purchase and/or possession of beer by a person under the age of
twenty-one (21).
(7) S.C. Code Ann. § 61-13-510 (Supp. 1993) provides that a violation of ABC law or
regulation may be punished by imposition of a monetary fine in lieu of license suspension or
revocation.
ORDER
IT IS THEREFORE ORDERED that James C. Mills, d/b/a Piggly Wiggly pay a
monetary penalty in the amount of One Hundred Dollars ($100) for the offense of permitting the
purchase of beer by a person under the age of twenty-one (21) years. If DOR does not receive
payment of the assessed fine within fifteen (15) days from receipt of this Order, it is ordered that
the beer and wine permit held by Respondent be suspended for a period of fifteen (15) days. If
the assessed fine is not paid, a SLED agent shall serve a copy of this Order on James C. Mills and
take possession of the permit. Upon service of fifteen (15) days suspension, said agent shall
return the permit to Respondent. Respondent and his agents are to cease and desist all sales of
beer and wine at the location during the suspension period.
_________________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
January ____, 1995
Columbia, South Carolina |