ORDERS:
FINAL DECISION
STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Division pursuant to an administrative
violation written against the club sale and consumption ("minibottle") license and beer and wine
permit issued to Annie C. Hopkins, d/b/a Sportsman Club ("Respondent") at 212 Old Bent Bridge
Road, Greenville, Greenville County, South Carolina ("location"). The citation was issued to
Respondent for violating S.C. Code Ann. § 61-6-2600 (4) (Supp. 1996).
For the violation, the South Carolina Department of Revenue ("Department") seeks
revocation of the Respondent's license for the sale and consumption of liquor and Respondent's beer
and wine permit.
A hearing was held on October 16, 1997, at the Anderson County Courthouse, Anderson
County, South Carolina. Notice of the time, date, place and nature of the hearing was timely given
to all parties. Respondent did not appear at the hearing nor did anyone appear to represent her. I find the Respondent guilty of violating S.C. Code Ann. § 61-6-2600. As a penalty, I find
that both the beer and wine permit and the sale and consumption ("minibottle") license issued to the
Respondent are permanently revoked.
FINDINGS OF FACT
By a preponderance of the evidence, I make the following findings:
1. This Division has personal and subject matter jurisdiction.
2. Annie C. Hopkins was issued and holds in her name a sale and consumption
("minibottle") license and a beer and wine permit for a club located at 307 Easley Bridge Road,
Greenville, South Carolina. The club is called the Sportsman Club.
3. On Thursday, April 10, 1997, at approximately 8:15 p.m., State Law Enforcement
Division agents Jerry Owen, Robbie Jones and Brunson A. Asbill went to the Sportsman Club at 307
Easley Bridge Road, Greenville, South Carolina. They conducted an inspection of the minibottles
and found that one hundred twenty-four (124) bottles had their seals broken and had been refilled.
The 124 minibottles which had broken seals were in the minibottle racks and were ready and
available for use and sale at the club.
4. Gayle Yearwood was the manager at the location. She acknowledged that the seals
were broken but did not know how or why. Respondent could not be reached or communicated
with.
5. The agents wrote a citation against the licensee, Mrs. Annie C. Hopkins, for violating
§ 61-5-110 (4) (now § 61-6-2600 (Supp. 1996)) for displaying minibottles when the seals were
broken.
6. All the minibottles with the seals broken were confiscated by the SLED agents
and are kept by SLED in safekeeping. They were available at the hearing for inspection.
7. Neither the Respondent nor any legal counsel on her behalf appeared at the hearing.
8. Respondent was advised by this tribunal in writing of the date and time of the hearing.
9. Respondent failed to comply with the Order of this tribunal dated August 19, 1997
to file a prehearing statement.
10. SLED agent B. A. Asbill appeared at and testified at the hearing on behalf of the
Department.
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. §§ 1-23-600 (Supp. 1996) and 61-2-260 (Supp. 1996),
the South Carolina Administrative Law Judge Division has jurisdiction to hear this contested case
and issue a final order.
2. S.C. Code Ann. § 61-6-2600(Supp. 1996), formerly § 61-5-110, provides penalties
in the form of a fine, suspension or revocation of the license of a person authorized to sell alcoholic
beverages who displays mini-bottles when the seals are broken or who violates any provision which
involves the avoidance of taxes.
3. S. C. Code Ann. § 61-6-2400 (Supp. 1996) provides that alcoholic liquors sold in
minibottles must be taxed pursuant to Chapter 33 of Title 12.
4. If a licensee violates any regulation or code section of the Alcoholic Beverage
Control Act, pursuant to S. C. Code Ann. § 61-601830 (Supp. 1996) his license may be suspended
or revoked.
5. Permits and licenses issued by the State of South Carolina for the sale of liquor,
beer, and wine are not rights or property, but are rather privileges granted in the exercise of the
police power of the State to be used and enjoyed only so long as the restrictions and conditions
governing
them are complied with. Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E. 2d
22 (1943).
6. I conclude that Respondent violated S.C. Code Ann. §§ 61-6-2600 and 61-6-2610 by
possessing and displaying minibottles whose seals were broken yet were filled with liquor. Further,
I find and conclude that such actions on the part of the Respondent were designed to avoid the
payment of taxes to the State of South Carolina. Accordingly, pursuant to S. C. Code Ann. § 61-6-2600 (4) (Supp. 1996), the sale and consumption ("minibottle") license is permanently revoked and
a fine of $1,000.00 is imposed on the Respondent.
7. Further, in accordance with S. C. Code Ann. § 61-2-140 (E) (Supp. 1996), the beer
and wine permit issued to the Respondent is hereby revoked.
8. In addition to my conclusion, based upon the evidence presented at the hearing, that
Respondent has violated S.C. Code Ann. §§ 61-6-2600 and 61-6-2610, I note that Respondent has
shown a total disregard for the hearing process since she filed a request for hearing. She failed to
respond to the Order requiring prehearing statemtnts to be filed, even though a form with "fill-in-the-blanks" was provided for ease in responding. Further, Respondent failed to come to the hearing and
defend the charges in the citation and violation report. Such actions are, in and of themselves,
sufficient for this tribunal to hold Respondent in default pursuant to ALJD Rule 23.
ORDER
Based upon the Findings of Fact and Conclusions of Law, Annie C. Hopkins, d/b/a
Sportsman Club, violated S.C. Code Ann. §§ 61-6-2600 and 61-6-2610 (Supp. 1996). It is
therefore
ORDERED that the sale and consumption ("minibottle") license and the on-premise beer
and wine permit are permanently revoked; and it is further
ORDERED that agents of SLED shall serve this Order on the Respondent, Annie C.
Hopkins, and retrieve from her both the sale and consumption license and the beer and wine permit
and deliver them to the Department; and it is further
ORDERED that the Respondent shall pay to the Department the sum of One Thousand
($1,000.00) Dollars within sixty (60) days of the date of the service of this Order on her by a SLED
agent; and it is further
ORDERED that this tribunal retains jurisdiction to assist the Department in collecting the
fine, if required; and it is further
ORDERED that an agent of SLED shall post a copy of this Order at a visible place at the
at the licensed premises.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
October 24, 1997 |
