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 |