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 |