ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. §§ 1-23-310 et seq. (1986
and Supp. 2000), § 61-2-90 (Supp. 2000), and § 61-4-525 (Supp. 2000) for a contested case hearing. The Petitioner,
Tonny Geddis, seeks an on-premise beer and wine permit for G & G Lounge. Respondent Department of Revenue
(Department) made a Motion to be Excused stating that but for the protests of the Protestant, the Department would have
found this location to be suitable. This motion was granted by my Order dated November 8, 2001.
A hearing was held in this matter on January 30, 2002, at the Administrative Law Judge Division. After the hearing began,
the Petitioner and the Protestant agreed to waive further proceedings in this matter with the stipulations set forth below in
the Order portion of this Final Order and Decision.
S.C. Code Ann. § 61-2-260 (Supp. 2000) grants the Administrative Law Judge Division the responsibilities to determine
contested matters governing alcoholic beverages, beer and wine, while
S.C. Code Ann. § 61-4-520 (Supp. 2000) sets forth the requirements for the issuance of a beer and wine permit.
Furthermore, 23 S.C. Code Ann. Regs. 7-88 (1976) authorizing the imposition of restrictions to permits, provides:
Any stipulation and/or agreement which is voluntarily entered into by an applicant in writing for a beer and wine permit
between the applicant and the South Carolina Alcoholic Beverage Control Commission, if accepted by the Commission,
will be incorporated into the basic requirements for the enjoyment and privilege of obtaining and retaining the beer and
wine permit and which shall have the same effect as any and all laws and any and all other regulations pertaining to the
effective administration of beer and wine permittees.
In the event that evidence is presented to this Commission that any part of the stipulation or agreement is or has been
knowingly broken by the permittee will be a violation against the permit and shall constitute sufficient grounds to suspend
or revoke said beer and wine permit.
ORDER
IT IS HEREBY ORDERED that the on-premise beer and wine permit application of Tonny Geddis, d/b/a G & G Lounge,
be granted upon the Petitioner signing a written Agreement with the South Carolina Department of Revenue agreeing to the
stipulations/restrictions that are set forth below:
1. The Petitioner shall maintain proper lighting around all sides of the outside of the proposed location to discourage
criminal activity.
2. The Petitioner shall hire at least two (2) professional licensed security officers or off-duty law enforcement officers, as
permissible under the law, during its hours of operation to patrol the inside and the area immediately surrounding the
proposed location. The security guards shall prohibit a public disturbance of any kind at the location. The guards shall also
monitor the outside of the location to prohibit the consumption of any alcohol or the use of any drugs.
3. The Petitioner shall not allow any patrons under the age of thirty (30) years into the location or on its premises.
IT IS FURTHER ORDERED that a violation of the above restrictions/stipulations be considered a violation against the
permit and may result in a fine, suspension or revocation.
IT IS FURTHER ORDERED that the Department of Revenue issue an on-premise beer and wine permit upon the
payment of the required fees and costs by the Petitioner.
AND IT IS SO ORDERED.
_________________________________
Ralph King Anderson, III
Administrative Law Judge
January 30, 2002
Columbia, South Carolina |
