ORDERS:
ORDER
STATEMENT OF CASE
This matter comes before me upon request for a Hearing by the Respondent after being cited
for an administrative violation against his beer and wine permit. The South Carolina Department of
Revenue and Taxation (DOR) seeks a 30-day suspension of the Respondent's permit for violating 23
S.C. Code Ann. Regs. 7-9(b) (Supp. 1994).
A Hearing was held before the Administrative Law Judge Division in Columbia on April 27,
1995. I find the Respondent guilty of violating Regulation 7-9(b) and suspend his beer and wine
permit for 45 days from the service of this Order.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon
their credibility, taking into consideration the burden of persuasion by the Parties or Protestants, I
make the following Findings of Fact by a preponderance of evidence:
1. The court has subject matter jurisdiction of this case.
2. The Respondent holds an off-premise beer and wine permit for
Stillinger Gas and Grocery at Highway 321 and 692 in Swansea,
South Carolina.
3. Notice of the time, date, place and subject matter of the Hearing was
given to the Petitioner and the Respondent.
4. Brandon Strickland (Strickland) an 18 year old University of South
Carolina student working in conjunction with the South Carolina Law
Enforcement Division, Alcohol Enforcement Unit (SLED) entered the
Respondent's store on December 8, 1994. Strickland then picked up
a quart bottle of Budweiser beer and carried that bottle to the cash
register where Nadine Milhouse was working as the checkout clerk.
There, a lady behind the counter, stated to Miss Milhouse "you'd
better check his ID." The Respondent's employee, Milhouse, then
checked Strickland's South Carolina driver's license which showed
that Strickland's date of birth was March 24, 1976. Strickland' drivers
license also had stamped on it that he was under the age of 21.
5. Though Strickland was 18 years of age on December 8, 1994, the
Respondent's employee sold a quart bottle of Budweiser to him.
6. SLED specifically picks individuals who are youthful in appearance
for undercover work to attempt to purchase beer or wine. The only
facial hair allowed upon the males selected is a "thin" mustache.
Brandon Strickland, as of the time of the Hearing, did not appear to
be the age of 21 years.
7. Since the Respondent has held this permit for Stillinger Gas and
Grocery, the business has been caught by SLED on two occasions
selling beer/wine to persons under the age of 21. These violations
occurred on November 12, 1992 and October 23, 1993.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, I conclude as a matter of law, the following:
1. Section 61-1-55 S.C. Code Ann. (Supp. 1993) grants the
Administrative Law Judge Division the powers, duties and
responsibilities as Hearing Officer in contested matters governing
alcohol beverages, beer and wine.
2. Permits and licenses issued by this state for the sale of liquor, beer and
wine are not property rights. They are, rather, privileges granted in
the exercise of the state's police power to be used and enjoyed only so
long as the holder complies with the restrictions and conditions
governing them. The Administrative Law Judge Division, being the
tribunal authorized to grant the issuance of a license, is likewise
authorized for cause to revoke or suspend the license. See Feldman
v. S.C. Tax Commission, 203 S. C. 49, 26 S. E. 2d, 22 (1943)
3. Permitting or knowingly allowing a person under the age of 21 to
purchase or possess beer upon the license premises is a violation
against a license or a permit. Such a violation constitutes grounds for
either suspension or revocation oft the beer and wine permit. 23 S. C.
Code Ann. Regs. 7-9(B) (Supp. 1994).
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:
The off-premise beer and wine permit held by Tommy M. Stillinger for Stillinger Gas and
Grocery be suspended for a period of 45 days for the offense of permitting the purchase of beer by
a person under the age of 21 years. SLED agents shall serve a copy of this Order on the Respondent
and take possession of their permit. Upon service of the 45 day suspension, the permit shall be
returned to the Respondent. The Respondent and his employees are to cease and desist all sales of
beer and wine at the location during the suspension.
______________________________________
Ralph King Anderson, III
Administrative Law Judge
May 12, 1995
Columbia, South Carolina |
