ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code §61-1-55 (Supp. 1993) and §1-23-310
et seq. upon a request for a hearing. The respondent has been cited for an alleged administrative
violation by a SLED agent against the beer and wine permit of V.H. Patel on or about December 10,
1993. A hearing was held on June 6, 1994. A violation of ABC Regulation 7-9(B) is found and the
beer and wine permit is suspended for thirty (30) days.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The petitioner holds an off-premises beer and wine permit at 1003 Reynolds Avenue,
Greenwood, South Carolina, AI 76068, at a convenience store d/b/a Fast Point Food Stores.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent, SLED, and DOR.
(3) On December 10, 1993, at approximately 7:14 p.m., Chris Meetze entered Fast Point
Food Store at 1003 Reynolds Avenue, Greenwood, South Carolina, and purchased a 12 oz. can of
Budweiser beer for $1.05.
(4) The store clerk asked to see the driver's license of Chris Meetze.
(5) Chris Meetze showed his true driver's license to the store clerk, Ms. Virginia Williams.
It indicated his date of birth as December 12, 1973, making him nineteen (19) years of age.
(6) Chris Meetze was working as an undercover assistant in conjunction with SLED Agent
Lee Miller.
(7) There have been two previous violations against this permit for allowing the purchase of
beer/wine by a person under the age of twenty-one (21), occurring January 9, 1991 and February 6,
1992.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
S.C. Code §61-1-55 (Supp. 1993) provides that the South Carolina Administrative Law Judge
Division is empowered to hear all cases previously heard by the former Alcoholic Beverage Control
Commission pursuant to Chapter 23 of Title I of the 1976 Code, as amended. Factual determinations
in alcoholic beverage cases are usually the sole prerogative of the tribunal charged with rendering that
decision. Palmer v. S.C. ABC Commission, 317 S.E.2d 476 (S.C. App. 1984).
Alcoholic beverage licenses are neither contracts nor property rights. They are mere permits,
issued or granted in the exercise of the state's police power and to be enjoyed only so long as the
restrictions and conditions governing their continuance are complied with. The same tribunal
authorized to grant the issuance of a license is likewise authorized, for cause, to revoke it. Feldman
v. S.C. Tax Commission, 203 S.C. 49, 26 S.E. 2d 22 (1943). It is the responsibility of management
to be familiar with the laws and regulations regarding the operation of a licensed establishment and
to assure compliance by its employees and patrons.
The permittee violated ABC Regulation 7-9(B), in knowingly allowing a person under the age
of twenty-one (21) to purchase beer in or on a licensed premises. It is a violation against the permit
and is sufficient cause to suspend or revoke the permit.
ORDER
IT IS THEREFORE ORDERED that the beer and wine permit of V.H. Patel, d/b/a Fast
Point Food Stores, 1003 Reynolds Avenue, Greenwood, South Carolina, AI 76068, is suspended for
thirty (30) days. A SLED agent shall serve a copy of this order on V.H. Patel or his agent at 1003
Reynolds Avenue, Greenwood, South Carolina, and take possession of the permit cited above. Upon
service of the thirty (30) days suspension, an agent shall return the permit to V.H. Patel. During the
period of suspension, V.H. Patel is ordered to post a copy of this order at a visible location at the
licensed premises, and to cease and desist all sales of beer or wine.
___________________________
STEPHEN P. BATES
Administrative Law Judge
June 9, 1994
Columbia, South Carolina |
