725 S.E.2d 480
S.C.2012Background
- SLED conducted a sting at Blue Moon Sports Bar; regulator revoked license after findings under Regulation 7-401.4(J)-(K).
- Blue Moon is a nonprofit club; regulation limits alcohol to bona fide members and bona fide guests.
- Agent Ford, undercover, gained entry by calling a posted number and obtaining approval from a member authorized by management.
- Ford entered, consumed alcohol, and the Department issued a citation to Polifrone for permitting a non-bona fide guest.
- ALC found Ford was a bona fide guest; court of appeals reversed, claiming regulation’s broad reading would defeat purpose.
- South Carolina Supreme Court granted certiorari to determine whether Ford was a bona fide guest under the plain language of 7-401.4(K).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Ford a bona fide guest under Regulation 7-401.4(K)? | Blue Moon: Ford was a bona fide guest because prior arrangement with management existed. | Department: 7-401.4(K) requires a closer relationship or explicit pre-arrangement beyond mere authorization. | Yes; Ford was a bona fide guest under the plain language of 7-401.4(K). |
Key Cases Cited
- Brown v. Bi-Lo, Inc., 354 S.C. 436 (2003) (regulatory deference and plain language interpretation)
- Byerly v. Connor, 307 S.C. 441 (1992) (words of regulation given plain meaning; avoid narrowing)
- Town of Summerville v. City of North Charleston, 378 S.C. 107 (2008) (de novo review with deference to agency interpretation on questions of law)
- Spruill v. Richland County School Dist. 2, 363 S.C. 61 (2005) (statutory/regulatory construction principles)
- Cabiness v. Town of James Island, 393 S.C. 176 (2011) (avoid absurd results in regulation interpretation)
- S.C. Ambulatory Surgery Ctr. Ass'n v. S.C. Workers' Comp. Comm'n, 389 S.C. 380 (2010) (regulatory construction; plain language governs)