ORDERS:
ORDER AND DECISION
This matter comes before me for a hearing in which the Petitioner seeks the revocation of the
Respondent's sale and consumption license for an alleged violation of S.C. Code Ann. § 61-5-20(4)
(Supp. 1994). After timely notice to all parties, a hearing was held at the Administrative Law Judge
Division in Columbia, South Carolina on Tuesday, May 16, 1995. The Respondent admitted to
violating the above referenced statute and agreed to voluntarily surrender his sale and consumption
license to the Department of Revenue and Taxation ("Department") within fifteen (15) days of the
date of this hearing.
FINDINGS OF FACT
I make the following Findings of Fact by a preponderance of the evidence:
1. The Respondent holds a sale and consumption license for a location at 1109 Assembly
Street, Columbia, South Carolina, d/b/a Lil Rascals.
2. On January 16, 1995, at approximately 2:20 a.m., South Carolina Law Enforcement
Division Special Agents Jackson, Reinhart, Evatt, Stokes, and Causey entered the club known as Lil
Rascals at 1109 Assembly Street, Columbia, South Carolina, and observed two patrons in possession
of liquor. The patrons were arrested and charged with violating S.C. Code Ann. § 61-5-110 (Supp.
1994). The Respondent was cited for violating S.C. Code Ann. § 61-5-20 (3) (Supp. 1994) (later
amended to S.C. Code Ann. § 61-5-20(4) (Supp.1994), without objection) for allegedly permitting
possession or consumption of liquor during restricted hours.
3. The Respondent admitted to violating the above referenced statute and agreed to
voluntarily surrender his sale and consumption license to the Department within fifteen (15) days
from the date of the hearing. The Respondent indicated that he had previously consulted with his
attorney regarding this matter and he did not wish leave to consult his attorney during the hearing.
4. Burton Able, III, d/b/a Lil Rascals has been cited for three (3) violations within the
past three (3) years, in addition to the violation in question.
5. Initially, the Department assessed a fine of $500.00 and sought the revocation of the
Respondent's sale and consumption license. At the hearing, the Department recommended that the
fine be suspended and the only penalty imposed be the revocation of the sale and consumption
license of Burton Able, III, d/b/a Lil Rascals. CONCLUSIONS OF LAW
Based on 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. 1994) and Chapter 23 of Title I of the
1976 Code, as amended, the South Carolina Administrative Law Judge Division has jurisdiction over
this matter.
2. Beer and wine permits and sale and consumption licenses are neither contracts nor
property rights, but are mere permits issued or granted in the exercise of the State's police power,
and are to be enjoyed only so long as the restrictions and conditions governing their continuance are
complied with. Feldman v. S.C. Tax Comm'n, 203 S.C. 49, 26 S.E.2d 22 (1943). The same tribunal
authorized to grant the issuance of a license is likewise authorized, for cause, to revoke it. Id.
3. S.C. Code Ann. § 61-5-20(4) (Supp. 1994) provides that "[e]xcept on Sunday, it shall
be lawful to sell and consume alcoholic liquors and beverages sold in sealed containers of two ounces
or less in any business establishment between the hours of ten o'clock in the morning and two o'clock
the following morning . . . ."
4. S.C. Code Ann. § 61-5-60 (Supp. 1994) provides that the Department may suspend,
revoke, or refuse to renew a license upon finding that the applicant has violated any of the
regulations promulgated by the Department or the Division or any other provisions of the Alcoholic
Beverage Control Act, as amended.
5. S.C. Code Ann. § 61-5-110 (Supp. 1994) provides penalties for violations arising out
of the sale and consumption of "minibottles." This section provides that a person/establishment
commmitting a third offense violation within three years of a first offense is subject to the imposition
of a fine of not less than $500.00 and the permanent revocation of the license. Id.
6. S.C. Code Ann. § 61-1-80 (Supp. 1994) provides that the Department, in its
discretion, may suspend payment of a monetary penalty.
7. The Respondent admitted to violating S.C. Code Ann. § 61-5-20(4) on January 16,
1995, as he "permitted the possession or consumption of liquor during restricted hours."
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law:
IT IS HEREBY ORDERED that the sale and consumption license issued to Burton Able,
III, d/b/a Lil Rascals is revoked and the fine of $500.00 is suspended.
IT IS FURTHER ORDERED that Burton Able, III surrender his license to the Department
of Revenue and Taxation within fifteen (15) days of the hearing of this matter.
IT IS FURTHER ORDERED that Burton Able, III and the agents and employees of Lil
Rascals shall immediately cease and desist all sales of liquor at this location, and shall not permit
either the sale or consumption of liquor at this location unless and until the location is licensed with a
sale and consumption license by the South Carolina Department of Revenue and Taxation.
AND IT IS SO ORDERED.
___________________________
JOHN D. GEATHERS
ADMINISTRATIVE LAW JUDGE
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
This ____ day of _____, 1995
Columbia, South Carolina |