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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Vitthalbai M. Patel, d/b/a Fast Point Food Store, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Vitthalbai M. Patel, d/b/a Fast Point Food Store, Inc.
 
DOCKET NUMBER:
99-ALJ-17-0191-CC

APPEARANCES:
Carol I. McMahan
Attorney for Petitioner

Zoe Sanders Nettles
Attorney for Respondent
 

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


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