ORDERS:
ORDER
STATEMENT OF THE CASE This matter comes before the Administrative Law Judge Division ("Division") on a citation
issued by the South Carolina Department of Revenue ("Department") against Nidal M. Jadalla DLP,
Al Ahusam, Inc., d/b/a Red & White for an administrative violation of 23 S.C. Code Ann. Reg. 7-9
(B) (Supp. 1996), by permitting a person under the age of twenty-one (21) to purchase beer on a
licensed premises. For the violation, the Department assessed a $400 monetary penalty upon the
Respondent. The Respondent sought review of the Department's determination. After notice to the
parties, a hearing commenced on April 20, 1998. Any issues raised or presented during the
proceeding or hearing of the matter that are not specifically addressed in this order are deemed
denied. ALJD Rule 29B.
FINDINGS OF FACT
I make the following findings of fact, taking into consideration the burden of the parties to
establish their cases by a preponderance of the evidence and taking into account the credibility of
the witnesses:
1. The Division has personal and subject matter jurisdiction.
2. Nidal M. Jadalla, is the licensee for a beer and wine permit at Red & White, located
at 6550 Rivers Avenue, North Charleston, South Carolina.
3. On July 9, 1998, an underage cooperating individual ("UCI") in cooperation with the
South Carolina Law Enforcement Division (SLED) and the North Charleston Police Department
("NCPD"), entered the premises, for the purpose of purchasing a beverage containing alcohol.
4. The UCI selected a 22 oz. bottle of "Budweiser" beer and took the beer to the clerk
on duty.
5. The UCI presented her valid South Carolina driver's license to the clerk, who
examined it and then collected the money for the beer.
6. The UCI's date of birth is January 3, 1979. On July 9, 1997, the UCI was 18 years
old. The UCI's drivers license clearly states at the top right corner "UNDER 21 until 01-03-2000."
7. Upon leaving the store, the UCI informed the law enforcement officers of what
transpired. A citation was subseuuently issued to the clerk for a criminal violation and to the
Respondent for the administrative violation.
8. Although, Gus Alahamad, manager of the Red & White, did not see the driver's
license and could not verify the UCI's age, he was present at the time of the sale, and observed the
clerk check the driver's license.
CONCLUSIONS OF LAW
Based upon the forgoing Findings of Fact, I conclude as a matter of law:
1. Jurisdiction is vested in the Administrative Law Judge Division pursuant to S.C. Code
§12-60-30(4)(a) (Supp. 1997) with the hearing held under S.C. Code Ann. §§ 1-23-600(B) and 1-23-310 (Supp. 1997).
2. A permit holder is subject to revocation or suspension if the holder of a permit or an
employee of the licensed premises knowingly sells beer or wine to any person under twenty-one
years of age. S.C. Code Ann. § 61-4-580(1) (Supp. 1997).
3. 23 S.C. Regs 7-9(B) (Supp 1997) provides that it is prohibited to permit or knowingly
allow a person under twenty-one years of age to purchase beer or wine in or on a licensed
establishment.
4. A party manifests consent and knowledge to allowing a person under twenty-one
years of age to purchase beer if, from the appearance of the person or otherwise, the party had
sufficient information that would lead a prudent person to believe the purchaser was under twenty-one especially where simple inquiry would have confirmed such fact. Feldman v. S.C. Tax Comm'n,
203 S.C. 49, 26 S.E. 2d 22 (1943); see 58 Am. Jur. 2d Notice § 14 (1989).
5. The license holder is responsible for the actions and conduct of employees utilizing
the permit upon the permitted premises. 48 C.J.S. Intoxicating Liquors § 259 (1981).
6. The sale of beer to a minor is forbidden irrespective of whether the sale is made by
the permit holder or by an employee. 48 C.J.S. Intoxicating Liquors § 259 (1981).
7. The clerk had before her the information needed to determine that the purchaser was
under the age of 21. Specifically, the clerk held and read the UCI's driver's license, which clearly
stated that the UCI was under twenty-one (21) years old until January 3, 2000.
8. S.C. Code Ann. § 61-4-250 (Supp. 1997) allows the imposition of a fine for the
violation of any regulation promulgated by the Department pertaining to beer and wine in lieu of
suspension or revocation. For a beer and wine permit, the monetary fine shall be not less than $25
nor more than $1000.
9. The Department policy, S.C. Revenue Procedure #95-7, is to fine a license holder
$400 for a first violation. No mitigating circumstances were presented to warrant the reduction of
the proposed fine.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby
ORDERED, that Nidal M. Jadalla, Al Ahusam, Inc., d/b/a Red & White located at 6550
Rivers Avenue in North Charleston, South Carolina violated the provisions of 23 S.C. Code Ann.
Reg. 7-9(B) by allowing a person under the age of twenty-one (21) to purchase beer on July 9, 1997.
Nidal M. Jadalla, Al Ahusam, Inc., d/b/a Red & White shall pay a monetary penalty of $400 within
fifteen (15) days of the date of this Order.
AND IT IS SO ORDERED.
ALISON RENEE LEE
Administrative Law Judge
June 3, 1998
Columbia, South Carolina |
