ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me pursuant to S.C. Code Ann. §§ 1-23-310, et seq. (1986 & Supp. 1999) and S.C. Code Ann. §
1-23-600(B) (Supp. 1999) upon Respondent's request for a contested case hearing regarding two citations issued by the
South Carolina State Law Enforcement Division ("SLED") on July 12, 1998, for violations of the Respondent's beer and
wine permit under S.C. Code Ann. § 61-4-580(4) (permitting lewd, immoral, or improper entertainment) and 23 S.C. Code
Ann. Regs. 7-86 (1976) (allowing the sale and delivery of beer after 12:01 a.m. on Sunday). A Final Agency Determination
issued by the South Carolina Department of Revenue ("DOR") seeks the permanent revocation of the Respondent's beer and
wine permit for violating S.C. Code Ann. § 61-4-580(4) (Supp. 1999) and 23 S.C. Code Ann. Regs. 7-86 (1976).
A hearing was held before the Administrative Law Judge Division in Columbia on June 1, 2000. Based on the facts,
testimony and evidence presented at the hearing, I find that the above-described violations did occur and that revocation of
Respondent's beer and wine permit is in order.
FINDINGS OF FACT
By a preponderance of the evidence, I find that:
1. Notice of the time, date, place, and subject matter of the hearing was given to the Petitioner and Respondent.
2. The Respondent, Robert McGill, failed to appear for the hearing held June 1, 2000.
3. The Respondent, Robert McGill, is the owner of the TCM Lounge located at 210 Macmillan Street, Marion, South
Carolina.
4. The Respondent holds a beer and wine permit (BW023295) for on-premise consumption at the TCM Lounge.
5. A SLED undercover officer purchased two cans of beer from an employee of the TCM Lounge on the licensed premises
at 12:25 a.m. on Sunday, July 12, 1998.
6. An employee of the TCM Lounge led the SLED undercover officer and a confidential informant to a back area of the
premises where five partially nude women danced for patrons in a sexually suggestive manner, allowed patrons to touch their
bodies, and exposed their genitals to patrons.
7. The operator/manager of the TCM Lounge denied any knowledge of the lewd dancing, but other employees of the TCM
Lounge were present in the room while the women were dancing.
8. In 1997, Robert McGill, d/b/a the TCM Lounge, had three violations of his beer and wine permit.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, I conclude as a matter of law, the following:
1. S.C. Code Ann. § 1-23-600(B) (Supp. 1999) confers jurisdiction upon the Administrative Law Judge Division to hear
contested cases arising from an action taken by DOR.
2. Permits issued by this State for the sale of beer and wine are privileges granted in the exercise of the State's police power
to be enjoyed so long as the holder complies with the restrictions and conditions governing the permits. The Administrative
Law Judge Division, being the tribunal authorized to grant the issuance of a license, is likewise authorized to revoke or
suspend the license for cause. Feldman v. S.C. Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943).
3. S.C. Code Ann. § 61-4-580(4) (Supp. 1999) provides:
No holder of a permit authorizing the sale of beer or wine or a
servant, agent, or employee of the permittee may knowingly
commit any of the following acts upon the licensed premises
covered by the holder's permit:
(4) permit lewd, immoral, or improper entertainment,
conduct, or practices. This includes, but is not limited to,
entertainment, conduct, or practices where a person is in a state
of undress so as to expose the human male or female genitals,
pubic area, or buttocks cavity with less than a full opaque
covering;
Section 61-4-580(4) expressly prohibits any agent or employee of the licensee from permitting lewd entertainment at the
establishment. Although the manager denied knowledge of any unlawful activity on the premises, other employees were
present and made no attempt to stop the lewd activity of the women. The employees' inaction constitutes implied
permission of the lewd acts, which in violation of § 61-4-580(4).
4. 23 S.C. Code Ann. Regs. 7-86 (1976) provides, inter alia:
Any beer or wine sold, offered for sale or delivered to anyone
from any licensed place of business or the removal therefrom of
any beer or wine between the hours of twelve o'clock Saturday
night and sunrise Monday morning is a violation against the beer
and wine permit and such permit will be subject to suspension or
revocation. . . Any delivery or removal of beer or wine between
these restrictive hours shall be prima facie evidence that a sale
was made.
The evidence shows beer was sold at 12:25 am Sunday, July 12, 1998, during the prohibited hours of twelve o'clock
Saturday night and sunrise Monday morning.
ORDER
IT IS THEREFORE ORDERED that Respondent's beer and wine permit is hereby revoked. An agent of the South
Carolina State Law Enforcement Division shall serve a copy of this
Order on the Respondent and take possession of the permit cited above, and the Respondent shall cease and desist all sale of
beer and wine at the location, 210 Macmillan Street, Marion, South Carolina.
AND IT IS SO ORDERED.
__________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
June 13, 2000
Columbia, South Carolina |
