South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Cora C. Warren d/b/a Walker's Liquor Store vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Cora C. Warren d/b/a Walker's Liquor Store

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
94-ALJ-17-0255-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER AND DECISION

This matter comes before the Administrative Law Judge Division for a hearing on the application of Cora C. Warren for a retail liquor license for 1276 B Red Bank Road in Goose Creek, South Carolina. The applicant requested a hearing upon notice from the Department of Revenue and Taxation (Department) of its receipt of a protest. The hearing was scheduled for October 12, 1994 after notice to the parties pursuant to the Administrative Procedures Act. No one appeared at the hearing to protest the application. The file of the Department was incorporated into the record and a copy substituted for the original. Based upon the evidence in this case, applicant is granted the retail liquor license.

FINDINGS OF FACT

Applicant is a 45 year old resident of the state who is purchasing a retail liquor store located at 1276 B Red Bank Road in Goose Creek that was operated as Walker's Liquor Store. Mrs. Theresa Walker has been operating the liquor store for 2½ years following the death of her husband who operated the store for six (6) years. The sale of the business is complete with the exception of obtaining the required license to sell alcoholic liquors. An application was made to the Department in July, 1994.

The business is located in a commercial area of Goose Creek in the city limits. It is not near any churches, playgrounds or schools. Applicant would manage the store continuing its current status as a liquor store. She does not hold any licenses and has never had any violations.

Applicant posted a bond as required by S. C. Code § 61-3-540 and is of good moral character and repute. Notice of the application appeared in the Goose Creek Gazette for three consecutive weeks, and was posted at the proposed location for fifteen (15) days.

I find that the applicant and the proposed location meet the statutory requirements for the issuance of a retail liquor license.

CONCLUSIONS OF LAW

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 (Cum. Supp.1993). The sole and exclusive power to grant a retail license in a contested and protested matter is with the administrative law judge. S.C. Code of Laws § 61-3-410 (Cum. Supp. 1993).

Section 61-3-420 lists the criteria for determining when a person who will have actual control and management of the proposed business is ineligible for a retail license. To be eligible, a person must be 21 years of age; a legal resident for at least thirty (30) days before the date of the application; of good repute; or must not have had a license for the sale of alcoholic liquors revoked in the five (5) years preceding the application. Applicant meets these requirements.

In addition, no new licenses may be granted if the place of business is within three hundred feet of any church, school, or playground situated within a municipality. S.C. Code of Laws § 61-3-440 (Cum. Supp. 1993). The proposed location is not within proximity to any of these structures.

A license must be not be issued under S.C. Code § 61-3-730 (Cum. Supp. 1993) if the applicant is not a suitable person to be licensed; the place of business is not a suitable place; or a sufficient number of licenses have already been issued in the state, municipality, or community. There is no evidence to suggest that a sufficient number of licenses have been issued in Goose Creek, Berkeley County or in this particular community. No one appeared to protest the issuance of the license after having received notice of the hearing and the protest are deemed abandoned.

ORDER

Based upon the Findings of Fact and Conclusions of Law, the applicant is entitled to a retail liquor license to operate a store at the proposed location. It is therefore,

ORDERED, that the Department of Revenue and Taxation shall issue a retail liquor license to Cora C. Warren for the liquor store located at 1276 B Red Bank Road in Goose Creek, South Carolina upon payment of the requisite fee.

AND IT IS SO ORDERED.



____________________________

ALISON RENEE LEE

Administrative Law Judge



October ____, 1994

Columbia, South Carolina


 

 

 

 

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