ORDERS:
ORDER AND DECISION
This matter is before the Administrative Law Judge Division pursuant to administrative
violations written against the beer and wine permit and sale and consumption license for Roy
Williams, d/b/a Roy's Lounge, by an agent of the State Law Enforcement Division's Alcohol
Enforcement Unit. Citations were issued to Mr. Williams for violation of S.C. Code Ann. § 61-5-25
(1990) on November 22, 1993, by failing to maintain a class "A" rating; violation of ABC Regulation
7-86 on November 22, 1993, by selling beer during restricted hours; violation of S.C. Code Ann. §
61-9-410(5) (1990) on or about November 22, 1993, by permitting a criminal act: Possession of beer
during restricted hours; and, violation of ABC Regulation 7-5 on November 22, 1933, by failing to
display his permit. The South Carolina Department of Revenue and Taxation (Department) informed
Mr. Williams that it intended to seek the revocation of his beer and wine permit and sale and
consumption license due to these alleged violations. Mr. Williams made a timely request for a
hearing on these charges, and notice of the hearing was timely served upon all parties of interest. On
June 6, 1994, at 2:30 p.m., a hearing was held before the Administrative Law Judge Division
concerning the above-referenced matter.
Prior to beginning the hearing, the Court advised Mr. Williams of his rights to be represented
by counsel, and offered to continue the hearing in order for him to obtain representation. Mr.
Williams informed the Court that he understood his rights, and wished to proceed without an
attorney.
The parties then informed the Court that they have reached a settlement in this matter.
FINDINGS OF FACT
1. Mr. Williams agreed to plead guilty to the violations of selling beer during restricted
hours on November 22, 1993, and to failing to maintain a class "A" rating. The Department agreed
to dismiss the other two charges against Mr. Williams.
2. Mr. Williams agreed to consent to a fifteen (15) days suspension for the violations
cited in paragraph one.
CONCLUSIONS OF LAW
1. S.C. Code Ann. § 1-23-600 (Supp. 1993) grants jurisdiction to the Administrative
Law Judge Division to hear contested cases under the Administrative Procedures Act.
2. S.C. Code Ann. § 61-1-55 (Supp. 1993) grants to the Administrative Law Judge
Division the powers, duties and responsibilities as a hearing officer in protested and contested matters
governing alcoholic beverages, beer, and wine.
3. S.C. Code Ann. § 61-9-410 (1990) authorizes the suspension or revocation of a
permit for the offenses that took place on the licenses premises.
ORDER
IT IS ORDERED AND ADJUDGED that Beer and Wine Permit BW405519 and Sale and
Consumption license SB405520 be suspended for a period of fifteen (15) days. Any agent of the
State Law Enforcement Division shall serve a copy of the Order on Roy Williams and shall take
possession of the beer and wine permit issued by Roy Williams, d/b/a Roy's Lounge, Highway 48,
Eastover, South Carolina. Said agent shall hold the permit for fifteen (15) days. Upon service of the
fifteen (15) days suspension, said agent shall return the permit to Mr. Williams. During the period
of this suspension, Roy Williams is ordered to post a copy of this Order at a visible location at this
place of business, and to cease and desist all sales of beer and wine and minibottles during the period
of suspension.
AND IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
June ____, 1994
Columbia, South Carolina |
