ORDERS:
ORDER OF SUMMARY SUSPENSION
STATEMENT OF THE CASE
This matter is before me pursuant to the Motion of the South
Carolina Department of Revenue (Department) for an emergency order pursuant to
S.C. Code Ann. § 1-23-370(c) (2005). The Department seeks to summarily suspend
the beer and wine permit and restaurant liquor by the drink license of Club
Rio, Inc., d/b/a Club Rio (Respondent), pending a hearing on the merits for the
permanent revocation of Respondent’s permit and license. After reviewing the
Department’s Motion for Emergency Suspension, the Department’s motion is
granted.
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 proof upon the Petitioner
and the Respondent, I make the following Findings of Fact by a preponderance of
the evidence:
1. Notice of
the time, date, place and subject matter of the hearing was given to the
Petitioner and the Respondent.
2. Club Rio has seen a sharp increase in the number of incidents requiring police assistance within
the past six (6) months. Such incidents have included assault, public
drunkenness, disorderly conduct and resisting arrest. The two most serious
incidents include a riot outside of the club in which three police officers
were injured on June 16, 2006 and a shooting inside of the club which eventually lead to an alleged lynching of the alleged
shooter on July 28, 2006. All of the witnesses, including Club Rio’s vice
president, Richard Gibson, agreed that the club’s recent transition to
“hip-hop” and rap music has attracted patrons who are much more likely to
create a nuisance.
3. As a result
of the June 16, 2006 incident, Captain Dodson of the Columbia Police Department
requested that Michael Gibson, Manager of Club Rio, come in to meet with him as
soon as possible. Mr. Gibson promptly met with Captain Dodson the morning
after the incident and was told that the Columbia Police Department had
classified Club Rio as a nuisance. They discussed possible ways to alleviate
the current problem, including replacing glass beer bottles with plastic bottles,
hiring more security and moving away from the Thursday night “hip-hop” format.
Since that meeting the club no longer used glass bottles, instead opting for
paper cups 99% of the time.
Nevertheless, though
Respondent may have somewhat modified their musical format, the changes have
clearly not lessened the problem of unlawful conduct in the area. Furthermore,
though the owners have made an attempt to increase the security presence at the
club in the past year, their measures have not reduced the danger to the public
created by their operation of this business.
In fact, Respondent contends that the Columbia Police Department has
exacerbated the problems resulting from the operation of Club Rio by not
properly policing the loitering in the area. However, that loitering and the
ensuing criminal activity of the individuals loitering emanates from the
operation of Club Rio. In other words, Club Rio has created a threat to the
public safety or welfare both within the Club and in the area surrounding the
Club.
Additionally, Captain
Michael Johnson who oversees the downtown metropolitan area of Columbia testified to the impact of Club Rio upon local law enforcement. His testimony
elucidated that the Columbia Police Department routinely receives a call every Thursday
night or Friday morning reporting a fight in progress at the location. There
have been two instances in which an “all call” was issued, which required police officers to travel at high speeds to Club Rio
and abandon their normal patrol area. The speed at which the officers must
travel to the scene, coupled with the removal of needed law enforcement
presence from normal patrol areas, further compounds the threat to the public safety
or welfare created by the operation of Club Rio.
Finally, though this
Club closes at 3:00 a.m. on Thursday and Friday and 2:00 a.m. on Saturday,
traffic in the area has become a problem when the club closes at night. Many
patrons loiter in the streets for up to forty-five (45) minutes after closing.
Some drive their cars continuously around the block, stopping in the road to
talk with pedestrians. Often fights and other criminal activity occur. On
numerous occasions, this has forced the police to block off portions of the
road and direct traffic out of the area. This also compounds threat to the
public safety or welfare created by the operation of Club Rio.
DISCUSSION
S.C.
Code Ann. § 61-2-260 (Supp. 2005) grants the Administrative Law Court the
responsibility to determine contested matters governing alcoholic beverages,
including beer, wine and liquor. Furthermore, S.C. Code Ann. § 1-23-370(c)
(Rev. 1986) provides, in pertinent part:
If [an] agency finds that public health,
safety or welfare imperatively requires emergency action, and incorporates a
finding to that effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. These proceedings
shall be promptly instituted and determined.
I find that the evidence
sufficiently establishes a threat to the public health, safety, and welfare by
the continued operation of Club Rio pending a hearing on the merits of the
revocation of Respondent's permit and license. It is clear that in the past few
months alone, numerous criminal incidents have allegedly occurred at the
location. These incidents have escalated in both frequency and seriousness. In
particular, several of the alleged incidents have involved the discharge of
firearms. Moreover, the problems associated with the operation of Club Rio have
required officers to travel at high speed to the location and has resulted in
the removal of needed law enforcement presence from normal patrol area. For
these reasons, I find that emergency action is warranted, and that the
Respondent's beer and wine permit and restaurant liquor by the drink license must
be immediately and summarily suspended pending a hearing on the merits of the
revocation action.
ORDER
Therefore,
based on the foregoing reasons:
IT
IS HEREBY ORDERED that both the beer and wine permit and the liquor by the
drink license issued to Club Rio are hereby suspended pending a hearing on the
merits of the permanent revocation of the permit and license.
IT
IS FURTHER ORDERED that a SLED agent shall take possession of the permit
and license cited above. The Respondent is also ordered to post a copy of this
Order at a visible location at the licensed premises.
AND IT IS SO
ORDERED.
________________________________
Ralph King
Anderson, III
Administrative
Law Judge
August 11, 2006
Columbia, South Carolina
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