South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Claude K. Alewine, Sr., Grand Slam, Inc. of South Carolina, d/b/a Grande Slam of South Carolina vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Claude K. Alewine, Sr., Grand Slam, Inc. of South Carolina, d/b/a Grande Slam of South Carolina

Respondents:
South Carolina Department of Revenue

Intervenor:
Living Word Assembly of God
 
DOCKET NUMBER:
97-ALJ-17-0654-CC

APPEARANCES:
James L. Mann, III, Esq. for Petitioner

Arlene D. Hand, Esq. for Respondent (not present at hearing)

Edward M. Rivers, Pro Se for Intervenor
 

ORDERS:

ORDER AND DECISION

This matter is before the Division upon the application of Claude Alewine, Sr. and Grande Slam Inc. of South Carolina for an off-premises beer and wine permit for a proposed gas station convenience store located at 2045 Augusta Highway, Lexington, South Carolina. After notice to the parties, a hearing was scheduled on January 5, 1998. The Living Word Assembly of God moved to intervene on December 15, 1997, which was granted.

Prior to the hearing, an agreement was reached between the applicant and the intervenor regarding the proposed location. The primary concern of the Living Word Assembly of God about the application was the fear that customers of the proposed location would purchase beer or wine and then use the property of the church to consume the beverages. The church, located across the street from the proposed location, has a large parking lot and approximately one acre of property. The manager of the location and its owner have both agreed to try to restrict access to the church and to watch the church property to ensure that customers of the convenience store will not consume alcoholic beverages on the church property.

In exchange for this type of restriction on the beer and wine permit, the Intervenor has agreed to withdraw its protest. The Lexington County Sheriff also protested the application only because of the Church's protest. The Sheriff's role was to offer support and information to residents of the county who wish to protest applications for permits to sell beverages containing alcohol. The Sheriff had no information adverse to the application to present at the hearing.

The Department of Revenue, in its Agency Transmittal, indicated that the applicant had met all of the requirements for the issuance of an off-premises beer and wine permit and, but for the protest regarding the suitability of the proposed location, it would have issued the permit. The Department had no additional information regarding the suitability of the location other than the investigative report submitted by the South Carolina Law Enforcement Division. A review of the application and the investigative file of the Department reveals that the applicant meets the statutory requirements for the issuance of an off-premise beer and wine permit.

Based upon the foregoing information and agreement of the parties, it is hereby

ORDERED, that the Department of Revenue issue an off-premises beer and wine permit to Claude K. Alewine, Sr. and Grande Slam, Inc. of South Carolina d/b/a Grande Slam for the location at 2045 Augusta Highway, Lexington, South Carolina with the following restriction:

The permittee shall take steps necessary to ensure that beer and wine are not consumed on the property of the Living Word Assembly of God located at 2034 Augusta Highway, Lexington, South Carolina.

IT IS FURTHER ORDERED, that the permit be issued upon the payment of the appropriate fees.

AND IT IS SO ORDERED.

__________________________________

ALISON RENEE LEE

Administrative Law Judge



January 5, 1998

Columbia, South Carolina


 

 

 

 

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