ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to 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 an alleged administrative violation of 23 S.C. Code Ann.
Regs. 7-9(B) (Supp. 1994) against his beer and wine permit occurring on or about October 28,
1994. The South Carolina Department of Revenue and Taxation (hereinafter referred to as
"DOR") seeks revocation of Respondent's permit for the alleged violation. A hearing was held on
April 4, 1995. I find that a violation of permitting purchase of beer by a person under twenty-one
(21) years of age did occur. Respondent is ordered to pay a monetary fine of Eight Hundred
Dollars ($800) or have his beer and wine permit suspended for thirty (30) days.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds an off-premises beer and wine permit at the intersection of Kirksey
Drive and Main Street, Greenwood, South Carolina, at a convenience store known as Scotchman
#80, AI #7766.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
Respondent, and DOR.
(3) On October 28, 1994, an underage cooperating individual working in conjunction
with agents of the South Carolina Law Enforcement Division, Alcohol Enforcement Unit
(hereinafter referred to as "SLED"), entered the licensed premises.
(4) Christopher Whitaker, whose date of birth is July 28, 1975, was the underage
individual working in cooperation with SLED.
(5) Christopher Whitaker, who testified at the hearing, is clean shaven and youthful in
appearance.
(6) Christopher Whitaker got a quart bottle of Budweiser beer from the store's cooler
and took it to the cashier for purchase. The cashier, store manager Connie Shearin, asked
Whitaker for identification, and Whitaker produced his valid South Carolina Driver's License
showing his correct date of birth. Ms. Shearin examined the license for four to five seconds and
returned it to Whitaker. She then rang up the sale and Whitaker exited the store. Upon leaving
the licensed location, Whitaker transferred the beer to SLED agents.
(7) Christopher Whitaker's driver's license (a copy of which was admitted as Petitioner's
Exhibit # 2) contains conspicuous language in the front, top right corner which reads "UNDER 21
until 07-28-1996."
(8) SLED Agents subsequently cited Ms. Shearin and Respondent for the offense.
(9) Ms. Shearin was cited for a criminal violation of selling beer to a minor and forfeited
bond. She remains employed as manager of Scotchman #80, but was informed that a second such
incident would result in her termination.
(10) Respondent committed a previous violation of alcoholic beverage laws on
February 6, 1992, 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.
(11) Respondent committed two previous violations of alcoholic beverage laws on
January 9, 1993, by permitting the possession or consumption of beer/wine by two persons under
the age of twenty-one (21), and had the permit suspended for twenty (20) days.
(12) Scotchman Stores Regional Sales Manager Dennis Cooper and Director of Human
Resources Julius Moore testified on behalf of Respondent, offering evidence in mitigation.
(13) Scotchman Stores owns and operates a chain of convenience stores across the
Southeast. It has a comprehensive training program for employees that includes education
relating to alcoholic beverage laws and store policies regarding their enforcement.
(14) Since the violation occurred, Scotchman Stores has hired a new supervisor for the
Greenwood region.
(15) Scotchman Stores intends to have officials from SLED or DOR conduct a seminar
for its employees on alcoholic beverage laws.
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. 1994) 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) (Supp. 1994) prohibits a licensee from permitting or
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) Christopher Whitaker was nineteen (19) years of age at the time he purchased the beer.
(5) Scotchman Store manager Connie Shearin knew or should have known from her
inspection of Christopher Whitaker's driver's license that he was under the age of 21, but
permitted Whitaker's purchase of beer nonetheless. Respondent, through the actions of his
employee, violated Regs. 7-9(B).
(6) S.C. Code Ann. § 61-13-510 (Supp. 1994) 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 James B. Goldfinch, d/b/a Scotchman #80, pay a
monetary penalty in the amount of Eight Hundred Dollars ($800) 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 James B. Goldfinch, d/b/a Scotchman #80, at Kirksey Drive and
Main Street, Greenwood, South Carolina, be suspended for a period of thirty (30) days. If the
assessed fine is not paid, a SLED agent shall serve a copy of this Order on Respondent and take
possession of the permit. Upon service of thirty (30) 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
April 6, 1995
Columbia, South Carolina |
