STATE OF NORTH CAROLINA



STATE OF NORTH CAROLINA IN THE OFFICE OF

COUNTY OF FORSYTH ADMINISTRATIVE HEARINGS

06 ABC 1012

NC Alcoholic Beverage Control Commission, )

Petitioner )

)

v. ) DECISION

)

Millennium Productions, Inc., )

T/A Millennium Productions, )

Respondent )

This contested case was heard before Joe L. Webster, Administrative Law Judge, in the Office of Administrative Hearings, on February 27, 2007, in High Point, North Carolina.

APPEARANCES

Petitioner: K. Renee Cowick

Assistant Counsel

NC ABC Commission

Raleigh, NC

Respondent: Loyd Greg Carlyle, pro se

(Sole shareholder of corporation)

ISSUES

1. Whether Permittee’s (Millennium Productions, Inc.) status as a corporation has been suspended by the Secretary of State of North Carolina (via the Department of Revenue) pursuant to NCGS §105-230 and 232, which would make it no longer qualified to hold an ABC permit pursuant to NCGS §18B-101(12) and §18B-900(a).

2. Whether permittee’s employee and corporate officer, Loyd Carlyle, sold or possessed alcoholic beverages for sale without first obtaining the applicable ABC permit and revenue license, while upon the licensed premises, on or about February 26, 2005, at 11:00 PM, in violation of NCGS §18B-304.

FINDINGS OF FACT

The undersigned Administrative Law Judge finds the following facts:

1. Petitioner had no witnesses available to present evidence regarding Issue #2 and gave a Notice of Voluntary Dismissal in open court.

2. Respondent stipulated that the allegation in Issue #1 is true.

3. On or about December 2004, the North Carolina Department of the Secretary of State sent a “Notification of Revenue Suspension” to Respondent. (Petitioner’s Exhibit 1)

4. On or about May 1, 2006, Petitioner mailed a “Notice of Alleged Violation” to Respondent regarding the corporate status suspension.

5. The parties had discussions over a period of time regarding Respondent’s attempts to clear the revenue suspension.

6. As of February 14, 2007, Respondent’s corporate status was still suspended according to the North Carolina Department of the Secretary of State website. (Petitioner’s Exhibit 2)

7. Respondent acknowledged that its corporate status was still suspended despite attempts to correct the underlying issues.

CONCLUSIONS OF LAW

Based upon the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following Conclusions of Law:

1. The Office of Administrative Hearings has jurisdiction in this matter.

2. Pursuant to NCGS §105-230 and 232, the Secretary of State of North Carolina (on behalf of the Department of Revenue) suspended Respondent’s (Millennium Productions, Inc.) status as a corporation; therefore, Respondent is no longer qualified to hold an ABC permit pursuant to NCGS §18B-101(12) and §18B-900(a).

3. The allegation of selling alcoholic beverages without a permit on February 26, 2005 (a violation of NCGS §18B-304) was not proven by Petitioner, and based upon Petitioner’s representation in open court, is hereby dismissed.

DECISION

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned Administrative Law Judge recommends that the ABC Commission suspend the Respondent’s ABC permits effective immediately.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearing, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with NCGS §150B-36(b).

NOTICE

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions to this recommended decision and to present written arguments to those in the agency who will make the final decision. NCGS §150B-36(a)

The agency is required by NCGS §150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the parties’ attorney on record and to the Office of Administrative Hearings.

The agency that will make the final decision in this contested case is the NC Alcoholic Beverage Control Commission.

This is the 21st day of March, 2007.

____________________________________

Joe L. Webster

Administrative Law Judge

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