South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Edison A. Fairey, d/b/a Edison's

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Edison A. Fairey, d/b/a Edison's
 
DOCKET NUMBER:
94-ALJ-17-0166-CC

APPEARANCES:
Nicholas P. Sipe, Attorney for Petitioner

Edison A. Fairey, pro se, Respondent
 

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 his beer and wine permit occurring on or about March 4, 1994. The South Carolina Department of Revenue and Taxation (hereinafter referred to as "DOR") seeks thirty (30) days suspension of Respondent's permit and/or a monetary fine of One Thousand Dollars ($1,000) for the alleged violation, as it would constitute a third violation in three years. A hearing was held on August 31, 1994. I find that a violation of permitting purchase of beer by a person under twenty-one (21) years of age has occurred. Respondent is ordered to pay a monetary fine of Five Hundred Dollars ($500) or have his beer and wine permit suspended for twenty (20) days.

FINDINGS OF FACT

By a preponderance of the evidence, I find:

(1) Respondent holds an on-premises beer and wine permit at 415 John C. Calhoun Drive, Orangeburg, South Carolina, at a nightclub known as Edison's.

(2) Notice of the time, date, place, and subject matter of the hearing was given to the Respondent, and DOR.

(3) On March 4, 1994, at approximately 8:50 p.m., Agent Lonnie P. Roberts, Jr., of the South Carolina Law Enforcement Division, Alcohol Enforcement Unit (hereinafter referred to as "SLED"), entered the licensed premises with a cooperating underage individual.

(4) Marcus Wolfe, whose date of birth is June 7, 1977, was the underage individual working in cooperation with Agent Collins.

(5) Douglas Odom, as doorman of Edison's, examined Marcus Wolfe's identification as Wolfe entered Edison's and marked Wolfe's hand "Under 21" with an ink marker.

(6) Marcus Wolfe subsequently bought a bottle of beer from the bartender of Edison's, paying $1.75 for the beer.

(7) Agent Roberts observed Wolfe purchase the beer from the bartender and confiscated a sample of the beer from the bottle.

(8) SLED Agent Woodrow Morgan subsequently entered Edison's, made contact with Agent Roberts and Wolfe, took possession of the beer sample, and cited the bartender and Respondent.

(9) The bartender was cited for a criminal violation of selling beer to a minor and is currently enrolled in the Pretrial Intervention Program. She is no longer employed at Edison's.

(10) Respondent committed previous violations of alcoholic beverage laws on

September 29, 1991, by permitting the possession or consumption of beer and liquor during restricted hours, and paid fines totalling $400.

(11) Respondent committed a previous violation of alcoholic beverage laws on June 14, 1991, by permitting the possession or consumption of beer/wine by a person under the age of twenty-one (21), and paid a fine of $400.

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) Beer and wine 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).

(3) 23 S.C. Code Ann. Regs. 7-9(B) (1976) prohibits a licensee from knowingly allowing the purchase or possession of beer by a person under the age of twenty-one (21) years on the licensed premises. A violation constitutes grounds for suspension or revocation of the beer and wine permit.

(4) Marcus Wolfe was sixteen (16) years of age at the time he purchased the beer.

(5) Respondent, through the actions of his employee, violated Reg. 7-9(B).

(6) S.C. Code Ann. § 61-13-510 (Supp. 1993) provides that a violation of ABC law or regulation may be punished by imposition of a monetary fine in lieu of license suspension or revocation.

ORDER

IT IS THEREFORE ORDERED that Edison A. Fairey pay a monetary penalty in the amount of Five Hundred Dollars ($500) for the offense of permitting the purchase of beer by a person under the age of twenty-one (21) years. If DOR does not receive payment of the assessed fine within fifteen (15) days from the date of this Order, it is ordered that the beer and wine permit held by Edison A. Fairey, at Edison's, 415 John C. Calhoun Drive, Orangeburg, South Carolina, be suspended for a period of twenty (20) days. If the assessed fine is not paid, a SLED agent shall serve a copy of this Order on Edison A. Fairey and take possession of the permit. Upon service of twenty (20) days suspension, said agent shall return the permit to Respondent. Respondent and his agents are to cease and desist all sales of beer and wine at the location during the suspension period.

________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

September 14, 1994

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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