ORDERS:
ORDER DENYING MOTION FOR RECONSIDERATION
A hearing in this matter was held on April 16, 2001 and the Final Order and Decision was filed May 15,
2001. Counsel for the Petitioner filed a Motion for Reconsideration on May 25, 2001, and counsel for
the Respondent filed a Response on June 3, 2001. In its Motion, the Petitioner alleges that revocation
of the license of the non-profit organization is mandatory pursuant to S.C. Code Ann. § 61-6-2600
(Supp. 2000) and thus not within the discretion of the ALJD. S.C. Code Ann. § 61-6-2600 (Supp.
2000) provides the penalties for a violation of Article 5. In this matter, although there is no explicit
prohibition in § 61-6-1600 of the Code against service of alcohol to a non-member of a private club, it
is an implied prohibition. The penalty provisions of S.C. Code Ann. § 61-6-2600 (Supp. 2600)
therefore apply. Those provisions, however, govern only the Department of Revenue's discretion to
impose a penalty. Once the matter rises to the level of a contested case, the discretionary powers of the
Administrative Law Judge apply in determining the penalty to be imposed.
IT IS ORDERED that the Petitioner's Motion for Reconsideration is DENIED.
AND IT IS SO ORDERED.
__________________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
June 5, 2001
Columbia, South Carolina |
