ORDERS:
FINAL ORDER
STATEMENT OF THE CASE
This contested case is before me pursuant to S.C. Code Ann. §§ 1-23-310, et seq. (1986 & Supp. 1999) and S.C. Code Ann.
§ 12-4-30 (Supp. 1999). Respondent appealed an administrative citation issued by the South Carolina Department of
Revenue ("Department") against her for violating S.C. Code Ann. § 61-4-580(6) (Supp. 1999). The Department issued an
administrative citation and Final Agency Determination finding that the Respondent had violated § 61-4-580(6) by illegally
possessing minibottles on a premises licensed solely for beer and wine. The Department issued its Final Agency
Determination on January 24, 2000, finding that a violation occurred and imposing a fine of $400. Respondent appealed the
Final Agency Determination, and a hearing was held on Tuesday, June 20, 2000 at the Administrative Law Judge Division
("ALJD").
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 persuasion by the parties, 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 timely given to the Petitioner and the Respondent.
2. Respondent, Doreen O. Petitfrere, is the business owner of a grocery/convenience store located at 2009 Gilbert Street,
Georgetown, South Carolina. She holds an off-premises beer and wine permit for this location. The store is not licensed for
the sale of minibottles.
3. On April 30, 1999, the Georgetown City Police Department executed a search warrant for the Respondent's
establishment. While executing the search warrant, Investigator Fernandez located on the premises two boxes containing
approximately 200 sealed minibottles of various types of alcoholic liquors, including, Sloe Gin, Jagermeister, Fleischmans
Vodka, and Midori Melon Liqueur. Investigator Fernandez also found drugs on the premises.
4. On September 24, 1999, the South Carolina Law Enforcement Division issued a citation to the Respondent for a
violation of S.C. Code Ann. § 61-4-580(6), for possessing alcohol on the premises.
5. In a letter to the Department dated November 15, 1999, the Respondent admitted possessing the minibottles on the
premises at 2009 Gilbert Street, Georgetown, South Carolina.
CONCLUSIONS OF LAW
Based on the above Findings of Fact, I conclude as a matter of law the following:
1. The Administrative Law Judge Division has jurisdiction to hear this matter pursuant to S.C. Code Ann. § 12-4-30(D)
(Supp. 1999) and S.C. Code Ann. § 1-23-320 (Supp. 1999).
2. The Respondent, Doreen O. Petitfrere, holds an off-premises beer and wine permit for the location at 2009 Gilbert
Street, Georgetown, South Carolina.
3. S.C. Code Ann. § 61-4-580(6) (Supp. 1999) prohibits the unlawful possession of alcohol. Because the Respondent
was licensed solely for off-premises beer and wine at the location at 2009 Gilbert Street, Georgetown, South Carolina, it is
unlawful for her to possess minibottles on the premises.
4. The trier of fact must weigh and pass upon the credibility of the evidence presented. See S.C. Cablevision Ass'n. v.
Southern Bell Tel. And Tel.Co., 308 S.C. 216, 417.S.E.2d 586 (1992).
5. Because the Respondent was licensed solely for the off-premises sale and possession of beer and wine, it was illegal for
Respondent to possess the minibottles on her licensed premises, pursuant to S.C. Code Ann. § 61-4-580(6) (Supp. 1999).
6. Within statutory limits, the amount of a fine is a matter of trial-court discretion. State v. Shepard, 54 S.C. 178, 32 S.E.
146. An administrative law judge, as fact finder, has the prerogative "to impose an appropriate penalty based on the facts
presented." Walker v. South Carolina ABC Comm'n, 305 S.C. 209, 211, 407 S.E.2d 633, 634 (1991).
7. Pursuant to S.C. Code Ann. § 61-4-250 (Supp. 1999), the penalty range is from $25 to $1,000.
8. In the present case, a monetary penalty of $400.00 is appropriate because this is the Respondent's first violation within a
three-year period.
ORDER
IT IS THEREFORE ORDERED that Respondent shall pay a fine of Four Hundred ($400) Dollars to the South Carolina
Department of Revenue within ten (10) days of the date of this order for violating S.C. Code Ann. § 61-4-580(6) (Supp.
1999).
AND IT IS SO ORDERED.
_____________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 14, 2000
Columbia, South Carolina |
