ORDERS:
FINAL ORDER AND DECISION
I. STATEMENT OF THE CASE
This matter comes before me pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1998) and S.C.
Code Ann. §§ 1-23-310, et seq. (Supp. 1998). The South Carolina Department of Revenue
("Department") contends that Vitthalbai M. Patel permitted or knowingly allowed a minor to
purchase beer from his licensed establishment, Fast Point Food Store, Inc., located at 500 Highway
1 South, Cheraw, South Carolina. Accordingly, the Department seeks to suspend Respondent's beer
and wine permit for forty-five days for violating 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 1998).
After timely notice to the parties, a hearing was conducted on May 21, 1999 at the
Administrative Law Judge Division, Columbia, South Carolina. At the hearing, Respondent
conceded that he committed the violation of 23 S.C. Code Ann. Regs. 7-9(B) as alleged by the
Department.
II. STIPULATIONS OF FACT
At the hearing of this matter, the parties submitted the following Stipulations of Fact:
1. Respondent Vitthalbai M. Patel holds an off-premises beer and wine permit for Fast
Point Food Store, Inc., a convenience store located at 500 Highway 1 South, Cheraw, South
Carolina.
2. On October 21, 1998, Respondent violated 23 S.C. Code Ann. Regs. 7-9(B) by
permitting the purchase of beer by an Underage Cooperating Individual at his convenience store
located at 500 Highway 1 South in Cheraw.
3. Respondent has been cited for two other violations of this nature at the Highway 1
South location in less than one year. On February 20, 1998, Respondent was charged with
permitting the purchase of beer by a person under the age of twenty-one years of age. Respondent
paid an $800 fine for that violation. On September 19, 1997, Respondent was cited for an identical
violation and paid a $400 fine.
III. CONCLUSIONS OF LAW AND DISCUSSION
Violation of Regulation 7-9(B)
The Department is charged with the responsibility of administering and enforcing the laws
and regulations governing alcoholic beverages, including beer and wine. S.C. Code Ann. § 61-2-20
(Supp. 1998). Respondent Vitthalbai M. Patel, d/b/a Fast Point Food Store, Inc., stipulated that he
violated 23 S.C. Code Ann. Regs. 7-9(B) by permitting or knowingly allowing a minor to purchase
beer from his licensed establishment. Regulation 7-9(B) provides: To permit or knowingly allow a person under twenty-one years of age
to purchase or possess or consume beer or wine in or on a licensed
establishment which holds a license or permit issued by the South
Carolina Alcoholic Beverage Control Commission is prohibited and
constitutes a violation against the license or permit. Such violation
shall be sufficient cause to suspend or revoke the license or permit by
the Alcoholic Beverage Control Commission.
(emphasis added). 23 S.C. Code Ann. Regs. 7-9(B)
The purpose of such a regulatory prohibition is to protect both the minor and the public at
large from the possible adverse consequences of such sales. The sale of alcohol to a minor is a
serious offense and cannot be taken lightly. A beer and wine permit is neither a contract nor a
property right. It is a "mere permit, issued or granted in the exercise of the police power of the state
to do what otherwise would be unlawful to do; and to be enjoyed so long as the restrictions and
conditions governing their continuances are complied with." Feldman v. South Carolina Tax
Commission, 203 S.C. 49, 26 S.E. 2d 22, 25 (1943).
The Department is authorized to revoke or suspend the beer and wine permit of any licensee
for committing a violation of the laws pertaining to alcoholic beverages or any regulation
promulgated by the Department. See S.C. Code Ann. § 61-4-590 (Supp. 1998).
This is the third violation at this location in less than one year. With the first two violations,
the licensee paid a fine. Here, he requests a fine in lieu of suspension of his license. However, the
imposition of a fine apparently has not had a deterrent effect. Further, the forty-five day suspension
is consistent with the Department's guidelines for a third violation occurring within a three year
period.
IV. ORDER
IT IS THEREFORE ORDERED that Petitioner's request that Respondent's beer and wine
permit be suspended for forty-five days for violating 23 S.C. Code Ann. Regs. 7-9(B) is granted.
IT IS FURTHER ORDERED that a SLED agent shall serve a copy of this order on
Respondent and take possession of his permit for the establishment cited herein. Upon expiration
of the forty-five (45) day suspension, an agent shall return the permit to Respondent. During the
period of suspension, Respondent is ordered to post a copy of this order at a visible location at the
licensed premises, and to cease and desist all sales of beer and wine.
AND IT IS SO ORDERED.
_________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
June 11, 1999
Columbia, South Carolina |