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
|