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:
Joe L. Taylor, d/b/a T-Buba Lounge vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Joe L. Taylor, d/b/a T-Buba Lounge

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0379-CC

APPEARANCES:
Joe L. Taylor

Petitioner (Pro Se)

S.C. Department of Revenue and Taxation

Respondent (Not present at the hearing)

Protestant (Pro Se):

Sheriff Tommy Mims

Sumter County Sheriff's Department
 

ORDERS:

ORDER AND DECISION

This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1994) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 1994) for a hearing pursuant to the application of Joe L. Taylor. The applicant seeks an on-premises beer and wine permit (AI 102288) for a social club located at Route 1, Box 294, outside the city limits of Lynchburg, Sumter County, South Carolina.

After timely notice to the parties and the protestant, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina. One protestant of record appeared, Sheriff Tommy Mims of the Sumter County Sheriff's Department. The protestant did not move to intervene as a party. The issues considered at the hearing were: (1) the applicant's

eligibility to hold a beer and wine permit; (2) the suitability of the proposed business location; and (3) the nature of the proposed business activity. The application for an on-premises beer and wine permit is hereby granted.

FINDINGS OF FACT

Having carefully considered all testimony and arguments presented at the hearing of this matter, and taking into account the credibility and accuracy of the evidence, I make the following Findings of Fact by a preponderance of the evidence:

1. The applicant seeks an on-premises beer and wine permit for a social club located outside the city limits of Lynchburg, within the county of Sumter, at Route 1, Box 294.

2. The South Carolina Department of Revenue and Taxation's ("Department") file was made a part of the record by reference without objection.

3. The proposed location is situated directly off of Highway 53 in a rural area and is surrounded by fields. There are four residences in the vicinity of the proposed location, and a church is located approximately 848 feet away. No resident or member of the church protested the application.

4. No school or playground is within close proximity to the proposed location.

5. The proposed location was previously licensed with a beer and wine permit from October 1990 to October 1991.

6. The proposed location is leased to the applicant by William Johnson.

7. The applicant has never held a beer and wine permit or other license for the sale or consumption of alcoholic beverages.

8. The applicant intends to operate the proposed location as a social club with live bands. The proposed hours of operation are Wednesday through Saturday, from 4:00 p.m. to 1:00 a.m.

9. Sheriff Tommy Mims of the Sumter County Sheriff's Department testified in opposition to the application. As justification for denial of the beer and wine permit, the protestant cited (1) a lack of sufficient personnel to provide law enforcement protection, but indicated that the area was part of his normal patrol; and, (2) problems in the past with the previous proprietor of the proposed location.

10. The applicant is of good moral character.

11. The applicant will operate and manage the social club.

12. The applicant is at least 21 years of age, a U.S. citizen, a citizen of the State of South Carolina, and has maintained his principal residence in the state for at least thirty (30) days prior to the date of making application for an on-premises beer and wine permit.

13. Notice of the application appeared in The Item, a newspaper of general circulation in the area of the proposed location, for three (3) consecutive weeks and notice was posted at the proposed location for fifteen (15) days.

CONCLUSIONS OF LAW

Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following: 1. S.C. Code Ann. § 61-1-55 (Supp. 1994) authorizes the South Carolina Administrative Law Judge Division to hear this case pursuant to Chapter 23 of Title 1 of the 1976 Code, as amended.

2. S.C. Code Ann. § 61-9-320 (Supp. 1994) establishes the criteria for the issuance of a beer and wine permit.

4. As the trier of fact, an Administrative Law Judge is authorized to determine the fitness or suitability of the proposed business location of an applicant for a permit to sell beer and wine using broad, but not unbridled discretion. Ronald F. Byers v. South Carolina ABC Comm'n, 281 S.C. 566, 316 S.E.2d 705 (Ct. App. 1984); Fast Stops, Inc. v. Ingram, 276 S.C. 593, 281 S.E.2d 181 (1981).

5. The determination of suitability of a location is not necessarily a function solely of geography. It involves an infinite variety of considerations related to the nature and operation of the proposed business and its impact on the community within which it is to be located. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (1985); Schudel v. South Carolina ABC Comm'n, 276 S.C. 138, 276 S.E.2d 308 (1981).

6. "A liquor license or permit may properly be refused on the ground that the location of the establishment would adversely affect the public interest, that the nature of the neighborhood and of the premises is such that the establishment would be detrimental to the welfare . . . of the inhabitants, or that the manner of conducting the establishment would not be conducive to the general welfare of the community." 48 C.J.S. Intoxicating Liquors § 121 at 501 (1981). No such finding has been made in the instant case.

7. Without sufficient evidence of an adverse impact on the community, the application must not be denied if the statutory criteria are otherwise satisfied. The fact that the issuance of the permit or license is protested is not a sufficient reason by itself to deny the application. See 45 Am. Jur. 2d Intoxicating Liquors § 162 (Supp. 1994); 48 C.J.S. Intoxicating Liquors § 119 (1981). The grounds proffered by the protestant as justification for denial of the applicant's permit are speculative and/or not supported by sufficient evidence.

8. The applicant satisfies all statutory requirements for holding an on-premises beer and wine permit and the proposed location is proper for the issuance of an on-premises beer and wine permit.

ORDER

Based upon the Findings of Fact and Conclusions of Law, it is hereby:

ORDERED that an on-premises beer and wine permit for a location at Route 1, Box 294, Sumter County, South Carolina, be granted to Joe L. Taylor.

IT IS FURTHER ORDERED that the Department of Revenue and Taxation issue an on-premises beer and wine permit upon payment of the required fee(s) and cost(s) by the applicant.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Edgar A. Brown Building

1205 Pendleton Street

Columbia, South Carolina 29201



July 26, 1995


 

 

 

 

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