ORDERS:
ORDER AND DECISION
This matter came before the Administrative Law Judge Division on the application of Carl C.
Estridge to renew the on-premises beer and wine permit and the sale and consumption license for the
Twin Lakes Club located on Leesburg Road in Columbia, South Carolina. The hearing was held after
notice on September 22, 1994. The file maintained by the Department of Revenue and Taxation was
made a part of the record in this case without objection. Based upon a preponderance of the
testimony and evidence presented, I make the following:
FINDINGS OF FACT
1. The applicant, Carl C. Estridge, is over the age of 21 and is resident of South Carolina.
Other than minor traffic offenses, he has never been convicted of a crime and is a person of good
moral character.
2. He currently holds an on-premises beer and wine permit and a sale and consumption
license for Twin Lakes Club located on Leesburg Road in Columbia, South Carolina and is seeking
to renew those permits. The building has operated with some type of alcoholic beverage license for
many years. The business has been operated by the applicant since 1986 and there were no previous
protests when the permits were renewed.
3. There have been no citations issued for violating any laws relating to the sale of beer
and wine.
4. The business is a private club that serves as a neighborhood bar. It is open seven (7)
days a week and closes at 12 midnight. It is open on Sunday pursuant to hours allowed by the law.
5. There is a parking lot outside of the club which is fenced in and provides access from
Leesburg Road and Gray Street. The location has not been the subject of an official visit by the
Richland County Sheriff Department. There is no loitering on the premises.
6. One of the residents that lives near the property, Conrad Michael Gore complained
that he had contacted police on numerous occasions to protest the noise and gunshots he heard. Gore
also complained about beer cans and intoxicated persons in the area. There was even an attempted
break-in of his property. When questioned further, Mr. Gore was unable to attribute all of these
problems to patrons of the Twin Lakes Club.
7. Another resident, Charles Woodhurst is president of the Strathaven Forest
Homeowners Association and protested on the basis that the flow of traffic in the area was congested
particularly at the point where Twin Lakes' is located because Leesburg Road narrows. However,
further evidence reveals that there are no sidewalks in the area which causes a hazard to pedestrians.
The fence around the club restricts access on Leesburg Road. There is no evidence to suggest that
there is an inordinate amount of traffic to and from the club or that patrons of the club are the cause
of the congestion and other traffic problems.
CONCLUSIONS OF LAW
1. The Administrative Law Judge Division is vested with the powers, duties and
responsibilities exercised by the former Alcoholic Beverage Control Commission and hearing officers
pursuant to Chapter 23 of Title 1. S.C. Code of Laws § 61-1-55 (Supp. 1993).
2. S.C. Code § 61-9-320 (Supp. 1993) provides the statutory requirements for this
issuance of beer and wine permits. It sets forth eight (8) criteria before a permit is issued. S.C. Code
§ 61-5-50 sets forth the criteria granting a sale and consumption license. These requirements have
also been met. To renew a permit or license issued by the Department, the applicant must met the
same criteria. The applicant is entitled to renewal absent evidence to show a sufficient change in the
business to warrant refusal. The evidence produced in this case does not show by a preponderance
of the evidence that there are sufficient changes in the operation of the business to warrant refusing
to renew the permit and license.
3. The proposed place of business is a proper one. The reasons for the protest concern
traffic problems and other incidents which could not be linked to this business. These concerns have
been adequately addressed in this Order and are without merit. The location previously was licensed
by the Department for an on-premises beer and wine permit and a sale and consumption license. The
establishment has not had any problems with the local law enforcement agency.
ORDER
Based upon the Findings of Fact and Conclusions of Law, the applicant is entitled to renewal
of the permit and license. It is ORDERED that the Department of Revenue and Taxation issue to
the applicant, Carl C. Estridge an on-premises beer and wine permit and a sale and consumption
license upon the payment of the appropriate fees.
AND IT IS SO ORDERED.
__________________________________
ALISON RENEE LEE
Administrative Law Judge
September _____, 1994
Columbia, South Carolina |