ORDERS:
ORDER AND DECISION
STATEMENT OF CASE
This matter comes before me upon request for a Hearing by the Respondent after being cited
for an administrative violation against his beer and wine permit. The South Carolina Department of
Revenue and Taxation (DOR) seeks a 30-day suspension of the Respondent's permit for violating 23
S.C. Code Ann. Regs. 7-9(b) (Supp. 1995).
A Hearing was held before the Administrative Law Judge Division in Columbia on August
28, 1996. I find the Respondent guilty of violating Regulation 7-9(b) and impose a $1,000 fine to
be paid 15 days from the date of this Order.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon
their credibility, taking into consideration the burden of persuasion by the Parties or Protestants, I
make the following Findings of Fact by a preponderance of evidence:
1. The court has subject matter jurisdiction of this case.
2. Notice of the time, date, place and subject matter of the Hearing was
given to the Petitioner and the Respondent.
3. The Respondent holds an on-premise beer and wine permit for Jerry's
on Highway 321 North in Lexington County, South Carolina.
4. SLED Agent Tanner entered Jerry's on October 27, 1995, and found
six to ten individuals who were under the age of twenty-one (21)
years of age in possession of beer. After discovering these individuals
Agent Tanner went to his car to retrieve evidence bottles and
summonses. When he returned all the beers had been removed from
the underage individuals seated at the bar. However, Agent Tanner
found Robert Craig and Olden Berry, both under the age of twenty-one (21), in possession of beer. Messrs. Craig and Olden sat in clear
view of the employees of Jerry's with their hands around a
"Budweiser" beer.
5. Since the Respondent has held this permit for Jerry's, the business has
been cited by SLED on two previous occasions for permitting the
possession or consumption of beer/wine by a person under the age of
twenty-one(21). On January 26, 1995 the Respondent was cited for
permitting the consumption of a beer by a minor. The Respondent
received a fine of Four Hundred ($400.00) Dollars for that violation.
Afterwards, the Respondent was cited for permitting the possession
of a beer by a sixteen (16) year old person. The Respondent received
a fine of One Thousand ($1,000.00) Dollars for that violation.
** In Feldman, supra., the South Carolina Supreme Court established that if a licensee
either an individual was a minor or "had such information from his appearance or
otherwise, as would lead a prudent man to believe he was a minor . . ." then the sale
was made knowingly.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, I conclude as a matter of law, the following:
1. S.C. Code Ann. § 61-1-55 (Supp. 1995) grants the Administrative
Law Judge Division the powers, duties and responsibilities as Hearing
Officer in contested matters governing alcohol beverages, beer and
wine.
2. Permits and licenses issued by this state for the sale of liquor, beer and
wine are not property rights. They are, rather, privileges granted in
the exercise of the state's police power to be used and enjoyed only so
long as the holder complies with the restrictions and conditions
governing them. The Administrative Law Judge Division, being the
tribunal authorized to grant the issuance of a license, is likewise
authorized for cause to revoke or suspend the license. See, Feldman
v. S.C. Tax Commission, 203 S. C. 49, 26 S. E. 2d, 22 (1943).
3. Permitting or knowingly allowing a person under the age of 21 to
purchase or possess beer upon the license premises is a violation
against a license or a permit. Such a violation constitutes grounds for
either suspension or revocation oft the beer and wine permit. 23 S. C.
Code Ann. Regs. 7-9(B) (Supp. 1995).
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:
That the Respondent pay a monetary penalty of $1,000 to the South Carolina Department of
Revenue within ten (10) days of service of this Order for the offense of permitting the possession of
beer by a person under the age of 21 years.
______________________________________
Ralph King Anderson, III
Administrative Law Judge
September 5, 1996
Columbia, South Carolina |