ORDERS:
FINAL ORDER
STATEMENT OF CASE
This matter comes before me upon request for a Hearing by the Respondent after being cited
for an administrative violation against his beer and wine permit. The South Carolina Department
of Revenue (Department) seeks an $800.00 fine against the Respondent for violating S.C. Code Ann.
§ 61-4-160 (Supp. 1998). A Hearing was held before the Administrative Law Judge Division in
Columbia on February 17, 1999. I find the Respondent guilty of violating S.C. Code Ann.
§ 61-4-160 and impose an $800.00 fine to be paid within fifteen (15) days from the date of this
Order.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon
their credibility, taking into consideration the burden of persuasion by the Parties, I make the
following Findings of Fact by a preponderance of evidence:
1. Notice of the time, date, place and subject matter of the Hearing was given to the
Petitioner and the Respondent.
2. The Respondent, Roger L. Landingham, holds an on-premise beer and wine permit
for the Gaslight Tavern in Myrtle Beach, South Carolina.
3. The Respondent advertised that he sold Budweiser and Budweiser Light on
Wednesdays for $1.00. SLED Agent Holden entered the Gaslight Tavern on Monday, February 9,
1998, and Friday, September 13, 1998. On both occasions the bartender charged $1.75 for a
Budweiser beer. However, at 3:00 p.m. on Wednesday, February 11, 1998, the bartender charged
$1.00 for a Budweiser beer as advertised.
4. The Respondent was previously cited for violating the "happy hour" laws on
September 4, 1997. As a result of that citation the Respondent payed a $400.00 fine to the
Department on October 31, 1997. Therefore, the Respondent was certainly placed on notice
concerning the need to comply with the South Carolina "happy hour" laws. I find that the fine levied
by the department in the amount of $800.00 is appropriate.
CONCLUSIONS OF LAW
Based upon the above Findings of Fact, I conclude as a matter of law, the following:
1. S.C. Code Ann. § 61-2-260 (Supp. 1998) grants the Administrative Law Judge
Division the responsibilities to determine contested matters governing alcoholic beverage, beer and
wine permits.
2. S.C. Code Ann.§ 61-4-160 (Supp. 1998) provides that "[n]o person who holds a
biennial permit to sell beer or wine for on-premises consumption may advertise, sell, or dispense
these beverages for free, at a price less than one-half of the price regularly charged, or on a two or
more for the price of one basis. Beer or wine may be sold at a price less than the price regularly
charged from four o'clock p.m. until eight o'clock p.m. only."
3. Permits and licenses issued by this state for the sale of liquor, beer and wine are not
property rights. They are, rather, privileges granted in the exercise of the state's police power to be
used and enjoyed only so long as the holder complies with the restrictions and conditions governing
them. The Administrative Law Judge Division, being the tribunal authorized to grant the issuance
of a license, is likewise authorized to revoke or suspend the license for cause. See Feldman v. S.C.
Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943).
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:
That the Respondent pay a monetary penalty of $800.00 to the South Carolina Department
of Revenue within fifteen (15) days from the date of this Order.
______________________________
Ralph King Anderson, III
Administrative Law Judge
February 18, 1999
Columbia, South Carolina |
