ORDERS:
ORDER AND DECISION
This matter is before the Administrative Law Judge Division
(Division) pursuant to an administrative violation written against
the beer and wine permit of the respondent William Williams. A
citation was issued to respondent for a violation of the Alcoholic
Beverage Control Commission (Commission) Regulation 7-9(B) for
permitting the purchase of beer by a person under the age of
twenty-one on January 21, 1994. Notice of a hearing was served on
all parties or interest.
Based upon the evidence presented I make the following:
FINDINGS OF FACT
1. Terence Thompson was born on February 20, 1977 and was
working with the Alcohol Enforcement Unit as an underage
cooperating individual on January 21, 1994. On that date, he was
sixteen years of age.
2. On January 21, 1994, Thompson went into a store known as
Billy's located in Trenton, South Carolina. It is a convenience
store.
3. Thompson selected a quart size bottle of Budweiser beer
from the refrigerated case and took it to the counter to pay for
it. The clerk working behind the counter sold the beer to him.
4. The clerk, an employee of Billy's, did not request any
identification from Thompson nor did he offer it.
5. Thompson has no facial hair, is approximately 5'8" in
height and weighs 145 pounds. Based on his appearance, Thompson
does not appear to be twenty-one years of age or older.
6. William Williams is the operator of Billy's located in
Trenton and licensed by the Department of Revenue and Taxation
(Department) for the sale of beer and wine.
CONCLUSIONS OF LAW
1. Section 1-23-600 grants jurisdiction to the Division to
hear contested cases under the Administrative Procedures Act. S.C.
Code of Laws § 1-23-600 (Supp. 1993).
2. S.C. Code of Laws § 61-1-55 (Supp. 1993) grants to the
Division the powers, duties and responsibilities as a hearing
officer in protested and contested matters governing alcoholic
beverages, beer, and wine.
3. The "Government Restructuring Act of 1993" provides that
all regulations promulgated by the Commission effective on the date
of the act remain in force until modified or rescinded by the
Department or the State Law Enforcement Division. 1993 Act No. 181
§1604.
4. Commission Regulation 7-9(B) states it is a violation
against a license to "permit or knowingly allow a person under
twenty-one years of age to purchase ... beer ... in or
on a licensed establishment ...."
5. Section 61-9-410 of the S.C. Code also provides that a
holder of a permit to sell beer or wine or any employee of the
permittee shall not knowingly sell beer or wine to a person under
twenty-one years of age. A violation of this section is a ground
for the revocation or suspension of the holder's permit. S.C. Code
of Laws § 61-9-410 (Supp. 1993).
6. The evidence is sufficient to support the inference that
the employee knew that Thompson was under the age of twenty-one by
the failing to request identification to verify his age.
ORDER
Based upon the above Findings of Fact and Conclusions of Law,
it is:
ORDERED AND ADJUDGED that William Williams d/b/a Billy's pay
monetary penalty in the amount of $400 for the offense cited above.
If the Petitioner does not receive a total of $400 within ten (10)
days from the date of this Order, it is Ordered that the
Respondent's beer and wine permit be suspended for a period of
fifteen (15) days. If the fine is not paid within the prescribed
time period, the Department shall take possession of the license
pursuant to law.
AND IT IS SO ORDERED.
____________________________
ALISON RENEE LEE
Administrative Law Judge
June __, 1994
Columbia, South Carolina |
