ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division on the citation issued by the
Department of Revenue and Taxation (Department) for a violation of Alcoholic Beverage Control
Commission Regulation 7-9(B), permitting the purchase of beer by a person under the age of twenty-one on or about March 31, 1994. After notice to the parties, Mr. Cumings was represented by the
general manager of T Bonz Gill and Grill (T Bonz), Chris Sabota. A hearing was conducted on
August 29, 1994. Based upon the testimony and the evidence presented, I make the following:
FINDINGS OF FACT
On March 31, 1994, Philip Grimsley, Jr., an Alcohol Enforcement Unit agent and Julius Duke,
an underage cooperating individual were conducting investigations of several establishments in the
North Myrtle Beach area. Duke was born on August 20, 1974 and was nineteen years old on March
31, 1994. Pursuant to SLED policy, Duke was searched by the agent to make sure that the only
items on his person were a valid South Carolina driver's license and cash money to make any
purchases. Duke entered T Bonz ahead of the agent. He went to the middle of the bar and sat down.
The agent followed Duke into the establishment and went to the end of the bar and sat down. The
agent was twenty to twenty-five feet from Duke where he could see Duke but could not hear any
conversation. The bartender, Kimberly Hardee approached Duke and a conversation ensued. After
they talked, Hardee retrieved a bottle of Budweiser beer and brought it to Duke. Duke handed her
some money and change was made. The agent witnessed the transaction. The only thing that
exchanged hands during the transaction was the money and the beer. Duke did not produce any
identification.
As a result of the transaction, Hardee was issued a summons for violating S.C. Code Section
61-13-287, transfer of beer to a person under the age of twenty-one. This violation was a criminal
offense. Hardee was convicted of the offense and a fine of $150.00 was imposed at the hearing
before the magistrate. Although Mr. Sabota argued that the bartender believed Duke had come into
the bar on March 30, the day before the incident and she checked his identification then, there is no
evidence to support this assertion. Ms. Hardee is still employed by T Bonz but did not appear at the
hearing to testify about the conversation she had with Duke when he entered the bar on March
31,1994 or any previous identification check.
CONCLUSIONS OF LAW
Section 1-23-600 grants jurisdiction to the Division to hear contested cases under the
Administrative Procedures Act. S.C. Code of Laws § 1-23-600 (Supp. 1993). S.C. Code of Laws
§ 61-1-55 (Supp. 1993) grants to the Division the powers, duties and responsibilities as a hearing
officer in protested and contested matters governing alcoholic beverages, beer, and wine. The
"Government Restructuring Act of 1993" provides that all regulations promulgated by the
Commission effective on the date of the act remain in force until modified or rescinded by the
Department or the State Law Enforcement Division. 1993 Act No. 181 §1604.
Commission Regulation 7-9(B) states it is a violation against a license to "permit or knowingly
allow a person under twenty-one years of age to purchase or possess or consume beer or wine in or
upon a licensed establishment ...." Section 61-9-850 of the S.C. Code also provides that the license
of a person may be suspended or revoked for violating any of the regulations promulgated by the
Department. S.C. Code of Laws § 61-9-850. A monetary penalty may be imposed instead of the
suspension or revocation of the permit. S.C. Code of Laws § 61-13-510 (Supp. 1993). The
Department seeks a penalty of $400.00 or suspension of the beer and wine permit of T Bonz for a
period of fifteen days.
The evidence clearly establishes that an employee of T Bonz Gill and Grill permitted a person
under the age of twenty-one to purchase beer on March 31, 1994 in violation of Regulation 7-9(B).
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is therefore,
ORDERED, that the Respondent is fined $400.00 to be paid to the Department within 14
days of the date of this Order. If the fine is not paid as required, the beer and wine license of T Bonz
Gill and Grill issued in the name of Mark J. Cumings is suspended for a period of fifteen days and
must be surrendered according to law.
AND IT IS SO ORDERED.
________________________________
ALISON RENEE LEE
Administrative Law Judge Division
Columbia, South Carolina
August ___, 1994 |
