ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp 1993)
amended by S.C. Code Ann. § 61-1-55 (Supp. 1994); and S.C. Code Ann §§ 1-23-310, et seq.(Rev. 1986 & Supp. 1994) upon request for a hearing by Respondent after being cited for alleged
administrative violations against the sale and consumption license and beer and wine permit of
Respondent occurring on or about January 16, 1994. The South Carolina Department ofRevenue and Taxation (hereinafter referred to as "DOR") seeks revocation of Respondent's
license and permit for the alleged violations. A hearing was held on August 30, 1994.
I find that Respondent violated S.C. Code Ann. § 61-9-410(5) (Supp. 1994) by permitting
a criminal act upon the licensed premises (simple possession of marijuana). I find that
Respondent violated S.C. Code Ann. § 61-5-20(4) (Supp. 1994) by permitting consumption of
liquor during restricted hours. I also find that Respondent did not commit a violation of 23 S.C.
Code Ann. Regs. 7-82 (1976) (hindering an inspection of the licensed premises). Respondent's
minibottle license and beer and wine permit are hereby suspended for fifteen (15) days and a fine
of One Thousand Dollars ($1,000) is imposed.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds a sale and consumption liquor license and on-premises beer and
wine permit at a location in Little River, South Carolina, at a restaurant and lounge known as the
Waterfront Grill and Tavern.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent and DOR.
(3) On or about January 16, 1994, the establishment closed for business at 12:00 midnight
and the doors were locked.
(4) On or about January 16, 1994, between 12:15 a.m. and 12:25 a.m. Sunday, SLED
Special Agent Stacey Snow and officers of the Horry County Police Department approached the
front entrance of the Waterfront Grill and Tavern in Little River, South Carolina.
(5) The officers observed six persons through the glass door and window sitting at the
bar.
(6) Present in the establishment were Respondent Sara S. Juel, John Juel, Roger Wade,
Deborah Wade, Michael Gosslin, and Cheri Tysinger.
(7) The Juels, Gosslin, and Tysinger were employees. Mr. Wade was a friend helping
in the after-work clean-up of the establishment. Mrs. Wade had come to the establishment to pick
up her husband.
(8) Agent Snow knocked on the front door and announced three times, "State Police.
Open the door."
(9) Approximately 35 seconds after the first knock, two persons at the bar got up and
moved away from the bar; one person moved to kitchen area; one person went to the back door.
(10) Approximately 45 seconds after the first knock, John Juel, Respondent's husband,
unlocked the front door and allowed the officers to enter the location.
(11) During the above 45-second period of time, all six persons in the tavern remained in
Agent Snow's line of vision.
(12) Upon entering the establishment, officers noticed the smell of marijuana.
(13) A search was conducted, resulting in the confiscation of a roach clip of marijuana
from the bar and two bags of marijuana. One bag of marijuana was taken from Mr. Wade's
person, and one bag of marijuana was taken from Mrs. Wade's person.
(14) Mr. and Mrs. Wade subsequently were convicted of simple possession of marijuana
in Horry County Magistrate Court, each paying a $275 fine.
(15) Respondent knew or should have known that marijuana was being smoked on the
business premises.
(16) On or about January 16, 1994, between 12:15 a.m. and 12:25 a.m. Sunday, when
the officers entered the establishment, three or more open cups containing mixed alcoholic
beverages were on the bar.
(17) Respondent has no previous violations of alcoholic beverage laws.
(18) Respondent and her husband have owned and operated the licensed location since
approximately 1991.
(19) Petitioner seeks revocation of Respondent's sale and consumption license and beer
and wine permit.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
(1) Pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1993) and Chapter 23 of Title I of the
1976 Code, as amended, the South Carolina Administrative Law Judge Division has jurisdiction in
this matter.
(2) Respondent violated S.C. Code Ann. § 61-5-20(4) (Supp. 1994) by permitting
consumption of liquor on the licensed premises during restricted hours on or about January 16,
1994.
(3) Respondent violated S.C. Code Ann. § 61-9-410(5) (Supp. 1994), by allowing the
commission of a criminal act in allowing the simple possession of marijuana by a person on the
licensed premises on or about January 16, 1994.
(4) Respondent did not hinder or delay the inspection of the licensed premises by a peace
officer in violation of 23 S.C. Code Ann. Regs. 7-82 (1976) on or about January 16, 1994.
(5) Liquor 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 so long as the
restrictions and conditions governing their continuance are complied with. The 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).
(6) A violation of any regulation or Code section of the Alcoholic Beverage Control Act
is punishable by revocation or suspension of the license pursuant to S.C. Code Ann. § 61-5-60
(Supp. 1994) and/or imposition of a monetary penalty not to exceed one thousand dollars per
violation pursuant to S.C. Code Ann. §§ 61-1-80 and 61-13-510 (Supp. 1994).
ORDER
IT IS THEREFORE ORDERED that for the violation of S.C. Code Ann. § 61-5-20(4)
(Supp. 1994) Respondent's sale and consumption license and beer and wine permit are suspended
for a period of fifteen (15) days. A SLED agent shall serve a copy of this Order on Respondent
and take possession of the license and permit cited above. Upon service of the fifteen (15) days
suspension, an agent shall return the permit and license to Respondent. During the period of
suspension, Respondent 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, wine, or minibottles, pursuant to S.C. Code
Ann. § 61-5-110(3) (Supp. 1994).
IT IS FURTHER ORDERED that for the violation of S.C. Code Ann.
§ 61-9-410(5) (Supp. 1994) Respondent shall pay a fine in the amount of One Thousand Dollars
($1,000). Failure of Respondent to pay the fine assessed in full within fifteen (15) days of service
of this Order shall result in automatic revocation of Respondent's sale and consumption liquor
license and on-premises beer and wine permit.
______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
April ____, 1995
Columbia, South Carolina |