South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Airport Community Club, d/b/a El Futuro vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Airport Community Club, d/b/a El Futuro

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
07-ALJ-17-0545-CC

APPEARANCES:
Michael S. Traynham, Esq., Attorney for Respondent

Bryant Caldwell, Petitioner Pro Se
 

ORDERS:

FINAL ORDER AND DECISION

STATEMENT OF THE CASE

This matter came before the Administrative Law Court on Respondent’s Motion for Rule to Show Cause. The South Carolina Department of Revenue (Department) seeks the cancellation of Airport Community Club’s (Petitioner’s) beer and wine permit and liquor by the drink license for El Futuro located at 1832 Airport Boulevard, Cayce, South Carolina. After notice of date, time, place, and nature of the hearing was timely served upon all parties, a hearing was held before me on July 9, 2008 at the Administrative Law Court. The Department was represented by Michael S. Traynham. The Petitioner was represented pro se.

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, I make the following Findings of Fact by a preponderance of the evidence:

1.                  On January 16, 2008, a hearing was held in this matter to determine the suitability of this location for a permit or license in light of a valid public protest filed by the City of Cayce Police Department. The Protestants were present at that hearing. Although provided with due notice as to the time, date, location, and nature of the hearing, the Petitioner did not appear at the January 16, 2008 hearing. Because the Petitioner failed to appear, the hearing was dismissed and the Protestants offered no testimony regarding the suitability of this location.

2.                  On January 16, 2008, the Administrative Law Court issued an Order of Dismissal in this matter, finding that the Petitioner failed to appear and dismissing the action with prejudice.

3.                  Despite the Order of Dismissal adverse to the Petitioner, a beer and wine permit and liquor by the drink license were issued to the Petitioner for the location El Futuro through an administrative error by the Respondent.

4.                  At the July 9, 2008 hearing on Respondent’s Rule to Show Cause Motion, Petitioner admitted receiving notice of the original hearing in this matter and failing to appear.

CONCLUSIONS OF LAW

Based upon the above Findings of Fact, I conclude the following as a matter of law:

1.                  S.C. Code Ann. § 1-23-600 (Supp. 2007) grants jurisdiction to the ALC to hear contested cases under the Administrative Procedures Act. Specifically, S.C. Code Ann. § 61-2-260 (Supp. 2007) grants the ALC the authority to hear contested case hearings in matters governing alcoholic beverages, beer, and wine.

2.                  The facts of this case clearly demonstrate that Petitioner’s license and permit were issued through an administrative error, and in direct contravention of this Court’s Order of January 16, 2008. Further, the Petitioner’s ability to operate a licensed location under these circumstances is highly prejudicial to the Protestants to the original application. This is particularly true since the Protestants were not afforded an opportunity to voice their concerns at the January 16, 2008 hearing and thus no findings were made as to the suitability of this location.

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law,

IT IS HEREBY ORDERED that Petitioner’s beer and wine permit and liquor by the drink license for El Futuro at 1832 Airport Boulevard, Cayce, South Carolina are cancelled.

IT IS FURTHER ORDERED that Petitioner return the cancelled licenses to the South Carolina Department of Revenue immediately. Failing that, the Department may retrieve the license pursuant to its statutory authority.

AND IT IS SO ORDERED.

____________________________

HONORABLE JOHN D. MCLEOD

ADMINISTRATIVE LAW JUDGE

August 5, 2008

Columbia, South Carolina


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