ORDERS:
ORDER AND DECISION
This matter is before the Administrative Law Judge Division pursuant to S.C. Code Ann. §
61-2-260 (Supp. 1997), S.C. Code Ann. § 1-23-600(B) (Supp. 1997) and S.C. Code Ann. § 1-23-310
(Supp. 1997). The South Department of Revenue ("Department") issued a citation against
Respondent Vitthalbai H. Patel for violating the provisions of 23 S.C. Code Ann. Regs. 7-9(B)
(Supp. 1997) for the sale of beer to a person under the age of twenty-one. The Department originally
sought imposition of a forty-five (45) day suspension of Respondent's off-premises beer and wine
permit. Respondent requested a contested case hearing, asserting that the penalty the Department
sought to impose is excessive. After notice to all parties, a hearing was conducted on March 23,
1998.
Prior to the commencement of testimony, the parties stipulated to the following:
1. Respondent is the holder of an off-premises beer and wine permit issued for Fast
Point Food Store # 43 on East Elm Street in Hampton, South Carolina.
2. On June 20, 1997, an underage individual cooperating with SLED entered the
licensed location with a valid South Carolina driver's license and enough money to make a purchase.
3. The underage individual purchased six 12-ounce cans of Budweiser beer from the
clerk. The clerk allowed the underage individual to purchase the beer after asking for and reviewing
his driver's license showing his true birth date.
4. The purchase was recorded on video tape.
5. Respondent has violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 1997). This
violation is Respondent's third violation in a three-year period.
This tribunal found the proposed forty-five day suspension to be excessive under the
circumstances of this case.
IT IS THEREFORE ORDERED that Respondent's off-premises beer and wine permit be
suspended for a period of twenty (20) days for violation of 23 S.C. Code Ann. Regs. 7-9(B) (Supp.
1997). The suspension period will begin ten (10) days from the date of this Order.
IT IS FURTHER ORDERED that Respondent pay a fine of $1000 for violation of 23 S.C.
Code Ann. Regs. 7-9(B) (Supp. 1997) within ten (10) days of the date of this Order.
AND IT IS SO ORDERED.
_________________________________
ALISON RENEE LEE
Administrative Law Judge
April 1, 1998
Columbia, South Carolina |
