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 alleged administrative violations against the sale and consumption
license and beer and wine permit of Respondent occurring on or about February 20, 1994, and
April 8, 1994. The South Carolina Department of Revenue and Taxation (hereinafter referred to
as "DOR") seeks revocation of Respondent's license and permit for the alleged violations, as it
would constitute more than three violations in three years. A hearing was held on August 30,
1994. I find that violations of permitting consumption of liquor during restricted hours and
permitting a criminal act by possession of beer during restricted hours on or about February 20,
1994, occurred. I also find that a violation of permitting the sale of liquor during restricted hours
on or about April 8, 1994, occurred. Accordingly, Respondent's minibottle license and beer and
wine permit are hereby revoked.
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 the location of 826 Bush River Road, Columbia, South Carolina, at a restaurant
and lounge known as Cheung's Chinatown and the Town Pump.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent and DOR.
(3) Respondent and her husband have owned and operated Cheung's Chinatown
restaurant at its present location since 1989, and previously operated the restaurant at 800 Bush
River Road between 1981-1989.
(4) The present location is divided into a restaurant side and a lounge side, each with a
separate outside entrance, but connected by a narrow passageway. The restaurant and lounge are
licensed to sell beer and wine and liquor as a single licensed location.
(5) The restaurant portion of the business, known as Cheung's Chinatown, is under the
direct operation and management of Respondent and her husband.
(6) Respondent and her husband hire a manager to operate and manage separately the
lounge portion of the business, known as the Town Pump.
(7) Neither Respondent nor her husband have the time to oversee and manage the
operation of the lounge.
(8) On or about February 20, 1994, at 4:20 a.m., SLED Agent John F. Kirkland and three
sheriff's deputies of Richland County entered the Town Pump, the lounge portion of Cheung's
Chinatown, and observed approximately seventy-five (75) patrons in possession of plastic cups
containing mixed alcoholic beverages and cans of beer. The bartender was observed pouring
mixed drinks.
(9) On or about April 8, 1994, at approximately 1:50 a.m., SLED Agent John Tanner
entered the Town Pump undercover. At 2:25 a.m., Agent Tanner ordered a gin and tonic from
the bartender and observed the bartender pour and mix the liquor.
(10) Respondent does not deny violations occurred on February 20, 1994 and April 8,
1994.
(11) Respondent committed a previous violation of alcoholic beverage happy hour laws
on April 18, 1991, and paid a fine of $400.
(12) Respondent committed a previous violation of alcoholic beverage laws on May 19,
1991, by permitting the consumption of liquor during restricted hours and received a written
warning.
(13) Respondent committed a previous violation of alcoholic beverage laws on June 15,
1991, by permitting the consumption of liquor during restricted hours, and paid a fine of $500.
(14) Respondent committed a previous violation of alcoholic beverage laws on June 19,
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 $1,000.
(15) Respondent committed a previous violation of alcoholic beverage laws on
August 24, 1991, by permitting the consumption of liquor during restricted hours, and paid a fine
of $500.
(16) Respondent committed a previous violation of alcoholic beverage laws on July 17,
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 $1,000.
(17) Respondent committed a previous violation of alcoholic beverage laws on June 17,
1993, by permitting the possession or consumption of liquor during restricted hours, and paid a
fine of $1,000.
(18) Respondent and her husband have had a succession of managers for the lounge, but
problems have persisted and violation have continued to occur.
(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) (1976) by permitting consumption
of liquor on the licensed premises on or about February 20, 1994.
(3) Respondent violated S.C. Code Ann. § 61-9-410(5) (1976) by committing a criminal
act by allowing the possession of beer on the licensed premises on or about February 20, 1994.
(4) Respondent violated S.C. Code Ann. § 61-5-20(4) (1976) by permitting the sale,
possession, and consumption of liquor during restricted hours on or about April 8, 1994.
(5) The February 20 and April 8, 1994 violations constitute the ninth, tenth, and eleventh
violations by the Respondent in less than three years.
(6) 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).
(7) 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).
(8) 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).
(9) 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 and beer and
wine permit held by Ella S. Zhang Lim, at 826 Bush River Road, Columbia, South Carolina, are
revoked pursuant to S.C. Code Ann. § 61-5-110(3) (Supp. 1993). Payment of any fine provided
for in § 61-5-110(3) is suspended pursuant to S.C. Code Ann. § 61-1-80 (Supp. 1993). A South
Carolina Law Enforcement Division agent shall serve a copy of this Order on Respondent and
take possession of the license and permit 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 and beer
and wine sales.
______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
September 14, 1994
Columbia, South Carolina |
