ORDERS:
ORDER
This
matter is before the Administrative Law Court pursuant to an application for
the renewal of an off premises beer and wine permit filed by the Petitioner
with the Respondent, South Carolina Department of Revenue (hereinafter
“Department”). The Department denied the renewal of the off premises beer and
wine permit held by R.L. Jordan Oil Co. of North Carolina (hereinafter
Licensee) at 3213 Farrow Road in Columbia, South Carolina based on a valid
public protest filed by the Fifth Circuit Solicitor’s Office and instituted a
revocation proceeding against the Respondent’s off premises beer and wine
permit at this same location. The renewal action and the revocation proceeding,
found under Docket No. 06-ALJ-17-0815-CC, were consolidated for hearing
purposes only.
Prior
to a hearing on the merits, the parties reached an agreement resolving the
revocation proceeding and satisfying the concerns of the Department in this renewal
action based upon the Petitioner’s consent to restrictions placed against its
beer and wine permit. Accordingly, at the hearing on the merits of the renewal
action, this Court heard from the Protestant, Fifth Circuit Solicitor Barney
Giese, as well as various members of the community surrounding the location.
Taking into consideration the testimony of the Protestant and various community
members, the Court finds that the renewal of the permit should be granted but
only with the following agreed upon voluntary restrictions on the location’s
beer and wine permit. These conditions shall remain in effect until they are
modified by further order of a court of competent jurisdiction, or August 31,
2010, whichever occurs first.
1. Licensee
shall not sell beer and wine Monday through Saturday between the hours of 3
a.m. to 7 a.m. The parties recognize that this restriction does not include
sales of beer and wine on Sundays because pursuant to State law beer and wine
sales must cease “between the hours of twelve o’clock Saturday night and
sunrise Monday morning.”
2. Licensee
shall employ a private security guard from 8 p.m. to 12 midnight on Monday
through Thursday and 12 midnight to 4 a.m. on Fridays and Saturdays. Subject
to any change in policy that may affect the availability of off-duty officers
of the law, Licensee shall employ uniformed, off-duty officers of the law to
provide the security described herein.
3. Licensee
shall maintain the current 18 security cameras located around the property in
good operating condition. Licensee shall further retain the security tapes for
at least 30 days and provide the tapes to law enforcement upon request.
4. Licensee
shall provide for a minimum of two employees (in addition to the security guard
described in Paragraph 2) on duty at all times, with one employee having the
ability to patrol the parking lot.
5. Licensee
shall maintain the fencing surrounding the rear of the building to eliminate
access to the secluded areas of the property. As such, all gates on the
fencing shall remained locked at all times, unless in use for a community
function, in order to prevent cars cruising or circling the location. This
stipulation shall remain effective for the duration of this agreement as long
as the Licensee owns or is in control of the rear property and would not affect
any subsequent owner of the rear property.
6. Licensee
shall not permit or knowingly allow loitering, the consumption of alcoholic
beverages, or profanity in or around the premises. The security guard and
other employees of the location shall have a duty to patrol the interior and
exterior of the premises to prevent these and other undesirable behaviors, such
as panhandling. Violators will be instructed to leave and/or law enforcement
will be contacted.
7. Licensee
shall not permit or knowingly allow patrons to park in vehicles for extended
periods of time, play loud music, or leave vehicles parked there unattended for
an extended period of time. The security guard and other employees of the location
shall have a duty to patrol the area to prevent these and other undesirable
behaviors.
8. Licensee
shall ensure that litter on the premises is picked up at least twice per day,
once in the morning and once in the afternoon, and will provide and maintain
trash receptacles around the gas pumps, the sides, and the front of the
building.
9. Licensee
shall post signs on all sides of the outside of the building notifying patrons
that there shall be no loitering, consumption of alcoholic beverages, or use of
profanity on the premises.
10. Licensee
will not play music at the gas pumps during any time.
11. Licensee
shall maintain in good working condition the interior and exterior lighting to
include the lighting around the gas pumps, the sides of the building, and the
rear of the building.
12. Licensee
shall remove all signage and merchandise display units from the storefront
windows in order to maintain clear sight lines and provide maximum visibility
inside and outside the store.
13. Licensee
shall, upon reasonable request, allow use of the rear of the property for
community outreach programs.
The
Licensee has further stated that it will continue to engage in community
outreach measures in an effort to address community concerns. While these
measures are not included as restrictions on the Licensee’s beer and wine
permit, the Licensee has stated that it will take the following actions:
a. Request that the City of Columbia move the bus stop currently
located in front of the location.
b. Request that the City of Columbia establish a police
substation or mobile unit on the property.
c. Pursue the organization of a regional task force comprised of
area businesses and city officials to address community issues.
d. Encourage the installation of public surveillance cameras in
the local area.
e. Seek the creation of a hot line or crime watch zone between
law enforcement officers, businesses, and the community to report suspicious activity.
f. Pursue collaborative efforts with law enforcement, the City of
Columbia, and the community at large to address community problems.
Based
upon the foregoing, IT IS HEREBY ORDERED that the Department shall issue
the renewal of the off premises beer and wine permit for R.L. Jordan Oil Co. of
N.C., d/b/a Hot Spot 6001 located at 3213 Farrow Road subject to the
restrictions stated herein. These restrictions shall be conspicuously posted
with the permit at the location. A violation of any of the restrictions
ordered herein may constitute grounds for the revocation of the permit.
AND
IT IS SO ORDERED.
______________________________
THE
HON. JOHN D. MCLEOD
Administrative
Law Judge
April 18, 2007
Columbia, South Carolina
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