South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Tony Curtis Ford, d/b/a Platinum 17 Dance Club

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Tony Curtis Ford, d/b/a Platinum 17 Dance Club
4543 Wesley Road, Murrells Inlet, SC
 
DOCKET NUMBER:
005-ALJ-17-0066-IJ

APPEARANCES:
Dana R. Krajack, Esquire, Department of Revenue

Tony Curtis Ford, Respondent
 

ORDERS:

ORDER FOR INJUNCTIVE RELIEF

This matter came before me on Motion of the Petitioner for the temporary suspension of the beer and wine permit and minibottle license of Tony Curtis Ford d/b/a Platinum 17 Dance Club located at 4543 Wesley Road, Murrells Inlet, SC. The Respondent was personally served on Saturday, February 26, 2005 with the notice and order for hearing.

The Petitioner presented testimony from Georgetown County Sheriff’s Investigator Smith that the location has been the site of several incidents ranging from littering to weapons violations and drug offenses. The incidents have been increasing in frequency and severity. Fifteen violations have been reported since 2002. Due to the severity of these incidents, the Georgetown County Sheriff’s Department has had to deploy additional officers to the location, which drains resources from other areas of the county. In addition, the officers have to respond with lights and sirens and sometimes at a high rate of speed. These incidents at the club, or the responses to them, could endanger innocent bystanders since the club is located beside Highway 17, a major thoroughfare.

The Respondent and his brother, who also works at the club, testified that they were aware of several of the alleged incidents at the club, but did not feel that they were as serious as the incident reports made them seem. In addition, the Respondent felt that the club was in “double jeopardy” because in some cases the club was the one who confiscated a weapon and notified the sheriff’s department. Following this notification, the department then issued an incident report showing the incident at Platinum 17 without including the information that the club owners had reported the weapons violation. I found the Respondent and his brother to be very savvy businessmen who are concerned about the opportunities for young people in their community. They testified that their establishment is a “family based, hands-on” location and that they know their patrons and the families of their patrons. The Respondent has stated that many incidents have been handled at the club by threatening to notify the offenders’ parents. In addition, Platinum 17 participated in a Stop the Violence program sponsored by a local radio station to address the needs of the young people in Horry and Georgetown Counties. Finally, the club has been closed for almost four weeks to undergo renovations following a small electrical fire. The respondent hopes to use this time to improve security with surveillance cameras. In addition, the Respondent and his brother testified that the club has a capacity of approximately 200—250. There were no indications that the Respondent plans to add additional security staff, provide training for the staff or install additional lighting to handle such a large crowd. Although the Respondent and his brother were adamant in their insistence that they did not wish to make light of the violent episodes which have occurred at the club, they have not performed any definitive tasks to reduce such episodes.

Although the Respondent’s concern for his community is admirable, I find, based on the evidence before me, that the Petitioner has set forth sufficient evidence to allow the temporary suspension of the Respondent’s beer and wine permit and minibottle license for the location known as Platinum 17 Dance Club located at 4543 Wesley Road, Murrells Inlet, SC effective immediately. The Respondent shall be ordered to surrender the license and permit. The Petitioner shall be allowed to employ whatever law enforcement means necessary to effect retrieval of the license and permit. This suspension shall be in effect until a full hearing on the merits of the revocation of the license and permit can be held. In order to begin that process, DOR is directed to issue a final agency determination no later than thirty days from the date of this order.

AND IT IS SO ORDERED.

____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge


March 20, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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