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 |