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SC Administrative Law Court Decisions

Jimmy G. Manos, Club Millenium, Inc., d/b/a Club Millenium vs. SCDOR

South Carolina Department of Revenue

Jimmy G. Manos, Club Millenium, Inc., d/b/a Club Millenium

South Carolina Department of Revenue




This matter is before this tribunal pursuant to Petitioner's Motion for Reconsideration filed June 12, 1998. Petitioner requests reconsideration of certain stipulations contained in this tribunal's Final Order and Decision filed June 8, 1998, granting Petitioner's renewal of his on-premises beer and wine permit and minibottle license with restrictions. Petitioner's club is located close to a residential neighborhood and restrictions on his permit and license were suggested by Petitioner in response to complaints from area residents. The stipulations as stated on the record were as follows:

1. Petitioner agrees to turn off speakers producing bass tones and to play his music without amplification.

2. Petitioner further agrees not to allow rap bands at the club and to prohibit remote radio stations from utilizing speakers in its parking lot.

3. Petitioner also agrees to restrict the days the club is open to Friday for "teen night" and Saturday.

4. Petitioner agrees that bands will not be allowed to perform at the club more frequently than once every three months. Further, when a band will be engaged, Petitioner agrees to notify Mr. Lord in writing at least one week before the band's performance and to ensure that the band minimizes its bass tones.

5. Petitioner agrees to use traffic cones and other reasonable means to discourage non- patrons from cruising the club's parking lot after hours.

In his Motion for Reconsideration, Petitioner requested that stipulation number one be amended by adding the words "on the bass" at the end of the sentence. The purpose of this stipulation was to lower the bass tones coming from Petitioner's club as the vibrations resulting from the bass tones disturbed the area residents. Petitioner believes there is room for misinterpretation under the current wording. The addition of the phrase requested by Petitioner will not change the focus of the stipulation and may avoid future misinterpretation. In Bennett v. City of Clemson, 293 S.C. 64, 358 S.E.2d 707 (1987), the South Carolina Supreme Court stated that "a motion for reconsideration should only be granted when there is good cause, such as newly discovered evidence, fraud, surprise, mistake, inadvertence, or change in conditions." After further review of the record from the hearing, the addition of "on the bass" to stipulation number one would accurately reflect the stipulation as proffered at the hearing.

Petitioner also requested that stipulation number three be amended to read "Petitioner agrees to restrict the days the club is open to Fridays for teen night, Saturdays and one Thursday night per month." Petitioner stated that "this one Thursday night each month is important to the economic success of the club." This request is in direct contrast with the record. Petitioner agreed on the record that the club would be open on Fridays for teen night, Saturdays, and one night per quarter (every three months). The Petitioner offered these stipulations of his own volition. Moreover, this tribunal's decision to grant the renewal was based on the stipulations as they were stated on the record. Further, stipulations are binding upon parties who make them. See C.A.N. Enterprises, Inc. v. South Carolina Health and Human Services Finance Comm'n, 292 S.C. 556, 357 S.E.2d 714 (Ct. App. 1987). This tribunal will not expand or alter the stipulations in a manner that changes their original focus.

After careful consideration and review of Petitioner's Motion for Reconsideration, I find that there are grounds for granting the amendment to stipulation number one and no grounds for granting the amendment to stipulation number three. Stipulation number one will read as follows:

1. Petitioner agrees to turn off speakers producing bass tones and to play his music without amplification on the bass.

For all of the foregoing reasons, Petitioner's Motion for Reconsideration is GRANTED in part and DENIED in part.



John D. Geathers

Administrative Law Judge

July 2, 1998

Columbia, South Carolina

Brown Bldg.






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