ORDERS:
FINAL ORDER AND DECISION
I. Introduction
Alton Freeman, Jr., (Freeman) filed with the South Carolina Department of Revenue (DOR) an application for an on-premises beer and wine permit to be used at Freeman's Meat Center at 1101 West Main Street, Bennettsville, South
Carolina. Protests were filed by Rev. I. D. Hodge, Rev. Hazel Jacobs, and Rev. Willie Gibson as representatives of various
churches in the community. Rev. Hodge and other members of the community were present at the hearing.
II. Findings of Fact
Freeman's actions in this case are consistent with the actions of one who has abandoned his request for a permit, and I so
find. For example, while counsel for Freeman appeared at the hearing, Freeman was not in attendance even though
Freeman's presence was requested by counsel. Most telling, the telephone at the intended place of business has been
disconnected. In addition, despite counsel's repeated requests that Freeman contact counsel, Freeman has not contacted
counsel and has not provided needed facts to support the application.
III. Conclusions of Law
Freeman, as the applicant seeking a permit, has the burden of establishing he is entitled to the permit. 29 Am. Jur.2d
Evidence § 127 (1994); 2 Am Jur.2d Administrative Law § 360 (1994); Alex Sanders, et. al., South Carolina Trial
Handbook, § 9:3 Party with Burden, Civil Cases (1994). Here, Freeman presented no evidence to establish a basis for
granting the permit. Rather, by failing to personally appear at the hearing and by failing to provide factual support when
requested by counsel, Freeman has demonstrated an abandonment of his application. Accordingly, the application must be
denied.
IV. Order
Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:
DOR is ordered to deny Alton Freeman, Jr.'s application for an on-premises beer and wine permit for Freeman's Meat
Center, 1101 West Main Street, Bennettsville, South Carolina.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: April 24, 2000
Columbia, South Carolina |