South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Dorothea L. Jacobs d/b/a F& D Groceries vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Dorothea L. Jacobs d/b/a F& D Groceries

Respondents:
South Carolina Department of Revenue

Protestant:
Calvary Community Church
 
DOCKET NUMBER:
94-ALJ-17-0281-CC

APPEARANCES:
Timothy G. Quinn, Esquire for Applicant

Reverend Levern Williams, Pro Se for Protestor
 

ORDERS:

ORDER AND DECISION

This matter comes before me on the application of Dorothea L. Jacobs for an off-premises beer and wine permit for F & D Groceries located at 1600 Holland Street in West Columbia, South Carolina. After notice to the parties, a hearing was conducted on November 7, 1994. At the hearing one of the protestants, Calvary Community Church, requested to be made a party without objection. Based upon the evidence and testimony presented, I make the following:

FINDINGS OF FACT

1. The applicant, Dorothea L. Jacobs, is over the age of twenty-one and is a legal resident of the United States and of South Carolina. She has lived in the South Carolina since 1981.

2. Jacobs has never been arrested or convicted of a crime and she is a person of good moral character.

3. There has never been a suspension or revocation of any type of alcoholic beverage license or permit relating to the applicant.

4. The proposed location is 1600 Holland Avenue. It is not near any schools or playgrounds, but it is located within 150 feet from Calvary Community Church.

5. The location has been licensed to sell beer and wine for over thirteen years and there is a current permit at the location. There are other locations in the area which sell beer and wine to go including a Pantry convenience store, which is in walking distance from the location, and a Kroger. There are schools in the area but not within close proximity to the proposed location.

6. The location is in a low income residential area surrounded by apartments. The church property is next to the location. A bus stop is located in front of the church on Holland Avenue.

7. The complaints about the location are that the sale of beer and wine contribute to the existing problem of drug use and crime in the area. There are complaints about people drinking on the church property while waiting for the bus, walking across church property with beer and wine, cursing at the children, and a lack of police protection. There is no evidence of criminal activity occurring on or around the premises. The police have not been called to this location. There is no history of this store being involved in any criminal activity. While the complaints about people drinking on the church property are valid, there is nothing to tie their consumption with sales from this location. There is a West Columbia police substation in the community and police protection is provided by West Columbia police officers.

8. Notice of the application was published in The State for three consecutive weeks and posted at the location for the requisite time period.

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 Ann. § 61-1-55 (Supp. 1993).

2. S.C. Code Ann. § 61-9-320 (Supp. 1993) provides the statutory requirements for the issuance of beer and wine permits. It states in part:

No permit authorizing the sale of beer or wine may be issued unless:

...

(6) The location of the proposed place of business of the applicant

is in the opinion of the department a proper one. The department

may consider among other factors, as indications of unsuitable

location, the proximity to residences, schools, playgrounds, and

churches. This item does not apply to locations licensed before

its effective date.

S.C. Code Ann. § 61-9-320 (6) (Supp. 1993).

3. Although "proper location" is not statutorily defined, "rather broad discretion is vested in the Commission in determining the fitness or suitability of a particular location." Fast Stops, Inc. v. Ingram, 276 S.C. 593, 281 S.E.2d 181 (S.C. 1981). This determination of suitability is not solely a function of geography, but involves an infinite variety of considerations related to the nature and operation of the proposed business and its impact upon the community where it is to be situated. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (S.C. 1985); Schudel v. S.C. ABC Commission, 276 S.C. 138, 276 S.E.2d 308 (S.C. 1981).

4. In addition, proximity of a location to a church, school, playground, or residence is a proper ground, by itself, on which the location may be found unsuitable for a permit to sell beer and wine. Byers v. S.C. ABC Commission, 305 S.C. 243, 401 S.E.2d 653 (S.C. 1991).

5. Calvary Community Church is located within 150 feet from the location. Not all of the concerns expressed by the church and others can be directly attributed to the operation of this location. In addition, this location has been licensed for thirteen years and no evidence has been presented to indicate there has been a significant change in the community as a result of the issuance of a beer and wine permit. The problems experienced by the community seemed to be caused by criminal activity. The complaints about this location are not related to that criminal activity. There have been no incidents requiring the intervention of police at this store.

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, the application of Dorothea L. Jacobs for an off-premises beer and wine permit for F & D Groceries located at 1600 Holland Avenue in West Columbia is GRANTED. It is therefore,

ORDERED that the Department of Revenue and Taxation shall issue an off-premises beer and wine permit to the applicant upon the payment of the requisite fees.

AND IT IS SO ORDERED.







____________________________

ALISON RENEE LEE

Administrative Law Judge



December _____, 1994

Columbia, South Carolina.


 

 

 

 

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