State Keg, Inc. v. State Bd. of Alcoholic Control
| Decision Date | 16 December 1970 |
| Docket Number | No. 54,54 |
| Citation | 277 N.C. 450,177 S.E.2d 861 |
| Court | North Carolina Supreme Court |
| Parties | STATE KEG, INCORPORATED, t/a The Keg, Petitioner, v. STATE BOARD OF ALCOHOLIC CONTROL, Respondent. |
Atty. Gen. Robert Morgan, Staff Attys. Christine Y. Denson and James L. Blackburn, Raleigh, for respondent, appellant.
Broughton & Broughton, by John D. McConnell, Jr., Raleigh, for petitioner, appellee.
Pertinent regulations adopted by the North Carolina Board of Alcoholic Control pursuant to the authority granted by G.S. § 18--78(d) are as follows:
G.S. § 18--78 in part provides:
'(a) If any licensee violates any of the provisions of this article or any rules and regulations under authority of this article or fails to superintend in person or through a manager, the business for which the license was issued, or allows the premises, with respect to which the license was issued, to be used for any unlawful, disorderly, or immoral purposes * * *.
'(d) The State Board of Alcoholic Control * * * may revoke or suspend the State permit of any licensee for a violation of the provisions of this article or of any rule or regulation adopted by said Board.'
A violation of either Regulation or of the terms of the statute is sufficient to support the suspension of the license.
We hold that the evidence before the State Board of Alcoholic Control was sufficient to sustain the finding that on February 6, 1970 Terry Lee Delaney was intoxicated and was permitted to loiter on the licensed premises of The Keg in violation of the Board of Alcoholic Control Regulation #30(1), and that Mr. Graham Oakley, the operator of The Keg on that occasion, failed to give the premises proper supervision. Such findings were sufficient to support the order of suspension of license entered by the Hearing Officer and approved by the Board. Therefore, it is not necessary to consider the evidence concerning the loud, profane and indecent language used on the premises on February 21, 1970.
The principles governing this decision were stated by Justice Higgins in Freeman v. Board of Alcoholic Control, 264 N.C. 320, 141 S.E.2d 499:
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