SC Administrative Law Court Decisions

This matter came before me on the Petitioner, South Carolina Department of Revenue’s, (“Department”) Motion to Dismiss. This action was originally filed with this tribunal on July 3, 2001, pursuant to a Request for a Contested Case Hearing by the Respondent. Petitioner has alleged that the Respondent violated 23 S.C. Code Ann. Reg. 7-9(B); “Permitting Consumption by a Person under 21" by selling to an underage individual (age 19), without asking for identification, on February 15, 2001. In conjunction with the alleged administrative violation, the Respondent as clerk and licensee was further charged with the criminal offense of “Transfer of Beer to a Person under 21", in violation of S.C. Code Ann. § 61-4-90. The Respondent was subsequently convicted in magistrate’s court of this latter offense. Following his conviction, the Respondent timely filed an appeal with the Circuit Court of Common Pleas, docket number 2001-CP-26-1883 (Horry County). By letter dated August 16, 2001, the Respondent indicated to this Court that he would withdraw his request for a hearing and simply pay the fine if his conviction in magistrate’s court were upheld. By Order of this Court, dated August 24, 2001, executed by the Honorable Marvin F. Kittrell, the present action was stricken from the docket until this matter was either restored to the docket or dismissed by Motion of the Petittioner. [See copy of attached Order, 01-ALJ-17-0273-CC, dated August 24, 2001, executed by the Honorable Marvin F. Kittrell.]

It has now become apparent that the Respondent’s Appeal to the Circuit Court was unsuccessful in that Respondent’s Appeal was denied. [See Order of Dismissal, 01-CP-26-1883, dated October 7, 2002, executed by the Honorable John Breeden.] It further appears that there was no subsequent appeal taken from this decision.

I further find, based upon the representations of the Department by their signature hereto, that the Respondent has fully paid the administrative fine imposed by the Department; and that as a result thereof, the Department does hereby move to dismiss the present proceeding.

NOW, THEREFORE, the above-captioned matter be, and is hereby, dismissed.