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. (1986 & Supp. 1994) upon notice by the South Carolina
Department of Revenue and Taxation (hereinafter referred to as "DOR") to seek revocation of the
beer and wine permit of Respondent for an alleged violation of S.C. Code Ann. § 61-9-410(6)
(Supp. 1994), possession of liquor on the licensed premises on or about February 10, 1995. A
hearing was held on August 3, 1995. Respondent did not appear at the hearing, and Petitioner
moved for an order of default, which is hereby granted. I find that a violation did occur, and
Respondent's permit is hereby revoked.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Respondent holds a beer and wine permit at Club 1000, Route 4, Bluff Road, Marion,
Columbia, South Carolina, permit #BW 261098 (AI #66280).
(2) Respondent does not hold a liquor license of any kind for the premises.
(3) Petitioner filed and served a Prehearing Statement which included allegations of a
violation by Respondent of S.C. Code Ann. § 61-9-410(6) (Supp. 1994), possession of liquor on
the licensed premises on or about February 10, 1995.
(4) Respondent failed to file a Prehearing Statement, as ordered by this Court on May 9,
1995.
(5) Notice of the time, date, place, and subject matter of the hearing was given to
Respondent by certified mail, return receipt requested.
(6) Respondent, as evidenced by her signature on the return receipt, received notice of the
hearing on June 13, 1995.
(7) The hearing was scheduled for Thursday, August 3, 1995, at 10:00 a.m. It
commenced at approximately 10:15 a.m.
(8) Respondent neither appeared at the hearing nor made any motion for continuance or
postponement of the hearing.
(9) SLED Agents E.L. McNeill and Robert Pate inspected the licensed premises on
February 10, 1995, and discovered a box of twenty-five (25) bottles, two hundred (200) milliliters
each, of liquor hidden in an oven in the kitchen area of the licensed premises.
(10) Respondent has a prior violation of the same offense, as evidence by Violation
Disposition Record No. 13058 (Petitioner's Exhibit #1), on July 26, 1991, and paid a $400 fine.
(11) Petitioner moves for an order of default against the Respondent for failure to file a
Prehearing Statement and failure to appear at the hearing and seeks revocation of Respondent's
beer and wine permit.
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) Respondent violated S.C. Code Ann. § 61-9-410(6) (Supp. 1994), which constitutes
grounds for suspension or revocation of the beer and wine permit.
(3) S.C. Code Ann. § 61-9-380 (Supp. 1994) provides that a beer and wine permit may
be revoked or suspended upon violation of any requirement of the permit.
(4) Beer and wine licenses are neither contracts nor property rights. They are merely
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 or
suspend it. Feldman v. S.C. Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943).
(5) A party who fails to comply with an interlocutory order of an administrative law judge
or fails to appear at a hearing without prior consent of the judge is in default under ALJD
Rule 23. Accordingly, Respondent is in default. The contested case may be disposed of
adversely to the defaulting party upon motion of the other party.
ORDER
IT IS THEREFORE ORDERED that Respondent's beer and wine permit is revoked.
SLED shall serve a copy of this Order on Respondent no sooner than ten (10) days from the date
of this Order and take possession of the permit. Respondent and her agents are to cease and
desist all sales of beer and wine at the location.
_____________________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
August ____, 1995
Columbia, South Carolina |
