ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann.
§ 61-1-55 (Supp. 1993) and S.C. Code Ann. §§ 1-23-310, et seq.
(Rev. 1986 & Supp. 1993) upon request for a hearing by Respondent after being cited for an alleged administrative violation against
the club sale and consumption license of Wilmot Fields occurring on or about January 7, 1994. The South Carolina Department
of Revenue and Taxation (hereinafter referred to as "DOR") seeks revocation of Respondent's license for the alleged violation, as
it would constitute a third violation in three years. A hearing was held on July 12, 1994. I find that a violation of possession of
liquor in containers larger than two ounces has occurred. Respondent's minibottle license is hereby revoked.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds a sale and consumption liquor license at 49 Flat Street, Allendale, South Carolina, at a private club
and non-profit organization known as Fields Lounge, Inc.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the Respondent, the South Carolina
Law Enforcement Division (hereinafter referred to as "SLED"), and DOR.
(3) On January 7, 1994, State and local law enforcement officers conducted a sweep of the Town of Allendale for drug
and alcohol crimes.
(4) At approximately 9:40 p.m., January 7, 1994, SLED agents entered Fields Lounge.
(5) SLED Agent James Johnson observed and took possession of two sealed bottles of Zemkoff Vodka, one liter each,
in a bag behind the bar on the second floor of the lounge.
(6) Respondent was standing next to the vodka bottles and was aware of their existence.
(7) At the time Agent Johnson discovered the vodka bottles, the bottles were not in the possession of a host, sponsor,
or agent or representative of a host or sponsor of a private party on the licensed premises.
(8) Respondent intended to allow a private party to take place at the licensed location between the hours of 9:00 p.m.,
January 7, 1994, and 2:00 a.m., January 8, 1994, and to allow the service of a fruit punch mixed with the vodka.
(9) A cover charge was to be collected at the door of Fields Lounge on January 7, 1994, from patrons taking part in the
party and consuming the punch.
(10) On January 7, 1994, Respondent did not provide SLED agents with a written lease for a private party.
(11) Respondent committed a previous violation of alcoholic beverage laws on December 12, 1990, by permitting the
consumption of liquor by a non-member, and paid a fine of $400.
(12) Respondent committed a previous violation of alcoholic beverage laws on August 16, 1991, by permitting the
consumption of liquor by a non-member, and paid a fine of $400.
(13) Respondent committed a previous violation of alcoholic beverage laws on August 18, 1991, by permitting the
consumption of liquor by a non-member, and paid a fine of $800.
(14) Petitioner seeks revocation of Respondent's sale and consumption license and a monetary fine of $500.
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) Fields Lounge, Inc., operates as a non-profit organization with limited membership, not open to the general public,
serving alcoholic beverages to its members and guests pursuant to S.C. Code Ann. § 61-5-20(3) (Supp. 1993) as the holder of a sale
and consumption license.
(3) S.C. Code Ann. § 61-5-20(2)(c) (Supp. 1993) provides that private parties may be held in separate and private areas
of a licensed establishment where specific individuals have leased the area for a function not open to the general public.
(4) 23 S.C. Code Ann. Regs. 7-14 (1976) provides for the procedures to be followed in conducting a private party at an
establishment with a sale and consumption license.
(5) Respondent violated R7-14(A) on January 7, 1994, by not having on the licensed premises a copy of a written lease
for the private party being held at the establishment.
(6) Respondent violated R7-14(B) on January 7, 1994, by knowingly possessing sealed liquor bottles larger than two
ounces on the licensed premises.
(7) The January 7, 1994, violation constitutes a third violation of Article 1, Chapter 5, Title 61 by Respondent in three
years and a fourth violation in less than four years.
(8) 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 only 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). (9) 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. 1993).
(10) For the third offense of a provision of Article 1, Chapter 5, Title 61, within three years of the first offense, a person
shall be fined not less than five hundred dollars and have his license revoked permanently pursuant to S.C. Code Ann.
§ 61-5-110 (Supp. 1993).
(11) Pursuant to S.C. Code Ann. § 61-1-80 (Supp. 1993), a monetary penalty may be imposed as an alternative to
revocation or suspension in all cases in which revocation or suspension is authorized. Payment of the monetary fine may be
suspended in the discretion of the court.
ORDER
IT IS THEREFORE ORDERED that the Sale and Consumption License held by Wilmot Fields, at 49 Flat Street,
Allendale, South Carolina, be revoked pursuant to S.C. Code Ann. § 61-5-110(3) (Supp. 1993). Payment of the five hundred dollar
fine provided for in § 61-5-110(3) is suspended pursuant to S.C. Code Ann.
§ 61-1-80 (Supp. 1993). A SLED agent shall serve a copy of this Order on Respondent and take possession of the license cited
above. Respondent is ordered to post a copy of this order at a visible location at the licensed premises, and to cease and desist all
liquor sales.
___________________________
STEPHEN P. BATES
Administrative Law Judge
July 22, 1994
Columbia, South Carolina |
