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. Otha D. Lawter, d/b/a Dean's Grill

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Otha D. Lawter, d/b/a Dean's Grill
 
DOCKET NUMBER:
95-ALJ-17-0218-CC

APPEARANCES:
Nicholas P. Sipe, Esquire for Petitioner

Otha Lawter, Pro Se
 

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 and Supp. 1994) upon request for a hearing by Respondent after being cited on January 14, 1994, for alleged administrative violations of S. C. Code Ann. § 61-9-410(5) (1990) and 23 S. C. Code Regulation 7-9(B) (1976). The South Carolina Department of Revenue and Taxation (hereinafter referred to as "the Department") initially sought revocation of Respondent's beer and wine permit for these violations. A hearing was scheduled to be held on July 13, 1995. Prior to the beginning of the hearing, the parties informed me that they had worked out an agreement to the contested matters. I incorporate that agreement into the terms of this Order, and order that Respondent pay to Petitioner the sum of one thousand two hundred ($1,200.00) within thirty (30) days of the date of this order.

FINDINGS OF FACT

By a preponderance ofthe evidence, I find:

(1) Respondent holds an on-premises beer and wine permit for his business known as Dean's Grill, 1006 S. Alabama Street, Chesnee, S.C.

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

Respondent and to the Department.

(3) Respondent has agreed that he did violate S.C. Code Ann. § 61-9-410(5) (1990)

by permitting a criminal act (unlawful possession of liquor) on or about January 14, 1994; that he did violate S. C. Code Ann. § 61-9-410(5) (1990) by permitting a criminal act (unlawful possession of liquor by a person under 21 years of age) on or about January 14, 1994, and that he did violate 23 S. C. Code Ann. Regulation 7-9(B) (1990) by permitting the possession of beer by a person under 21 years of age on or about January 14, 1994.

(4) Petitioner agrees to accept a $400 monetary penalty for each offense, for a total of $1,200.

CONCLUSIONS OF LAW

Based on the foregoing Finds 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 permits are neither contracts nor property rights. They are mere permits, issued or granted in the exercise ofthe 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).

ORDER

IT IS THEREFORE ORDERED that the consent agreement of the parties is hereby adopted, and that Respondent shall pay to Petitioner, within thirty (30) days of the date of this Order the sum of one thousand two hundred ($1,200.00) dollars. In the event this sum is not paid as ordered, the Respondent's beer and wine permit is suspended for thirty (30) days. Respondent shall surrender said permit upon demand to any officer of the State Law Enforcement Division,





and shall not sell beer or wine during the period of suspension, or allow the possession or consumption of beer and wine on the premises of Dean's Grill.





_________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

July 18, 1995

Columbia, SC


Brown Bldg.

 

 

 

 

 

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