ORDERS:
FINAL ORDER AND DECISION
This contested case is before the Administrative Law Judge Division pursuant to S.C. Code Ann. § 1-23-320 (1986 & Supp.
1999) upon Respondent's request for a contested case hearing on an administrative violation by Respondent (the third
violation within a three-year period) for allowing the possession of beer during restricted hours, in violation of S. C. Code
Ann. § 61-4-580(5) (Supp. 1999). The South Carolina Department of Revenue ("DOR") seeks the suspension of the
licensee's beer and wine permit for a period of forty-five (45) days.
The facts in this case are not disputed. Special Agent Lonnie Roberts testified that closing Respondent's establishment
would not better serve the public interest, and considerable testimony was given as to the measures taken to ensure future
compliance with the law and as to mitigating circumstances. I find that Respondent did violate S.C. Code Ann. § 61-4-580(5) (Supp. 1999) by allowing possession of beer after 12:00 a.m. Sunday morning on the premises of Respondent's
establishment; however, based on the evidence presented at the hearing, I find that a fine in the amount of Five Hundred
($500) Dollars is an appropriate penalty for this violation.
ORDER
IT IS THEREFORE ORDERED that Respondent shall pay a fine of Five Hundred ($500) Dollars within thirty (30) days
from the date of this order for violating S.C. Code Ann. § 61-4-580(5).
AND IT IS SO ORDERED.
___________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 24, 2000
Columbia, SC |
