ORDERS:
ORDER ON MOTION FOR RECONSIDERATION
This matter is before the Administrative Law
Court (“ALC” or “Court”) pursuant to a Motion for Reconsideration filed by
Petitioner on October 4, 2007. On September 28, 2007, the Court issued a Final
Order and Decision (“Final Order”) in this matter, which granted Petitioner’s application
for an on-premises beer and wine permit and restaurant liquor by the drink license
contingent upon Petitioner signing a written agreement with
the South Carolina Department of Revenue (“Department”) agreeing to certain
restrictions placed upon the permit and license. In its Motion, Petitioner
specifically seeks to have this Court reconsider restrictions #10 and #12.
Restriction #10 requires that Petitioner
employ at least one person to continuously patrol the exterior of the building
at the location during all hours of operation, and restriction #12 requires Petitioner
to construct a wooden stained privacy fence at
least six (6) feet in height around the location, including the cookhouse, concrete
slab and bandstand within forty-five (45) days from the date of the Final Order.
Further, restriction #12 requires Petitioner to maintain the fence in good
condition, as determined by the Department, as long as the Petitioner holds a
beer and wine permit and/or liquor by the drink license for the location.
After careful
consideration of Petitioner’s Motion for Reconsideration, I conclude that the
Motion should be granted and that the following restrictions shall be
substituted for restrictions #10 and #12 in the Final Order:
10. Petitioner
shall install and maintain in good working condition at all times, security
cameras which allow the exterior of the location to be continuously monitored
from the inside of the location. A security camera must be placed on the
exterior of the building at each of the four corners of the building. Further,
Petitioner must keep electronic recordings of the security footage obtained
during bike weeks and other special events for a period of three (3) months,
and make such footage available for inspection by the Department.
12. Petitioner will construct a wooden stained
privacy fence at least six (6) feet in height at the location as reflected in red
on Exhibit A, which is attached hereto. The fence must extend for a distance
of fifty (50) feet from each side of the building. Further, the fence must be
constructed within forty-five (45) days from the date of this Order. As long as
the Petitioner holds a beer and wine permit and/or liquor by the drink license
for this location, the fence must be maintained in good condition, as
determined by Respondent.
Therefore,
IT IS HEREBY ORDERED that
Petitioner’s Motion for Reconsideration is granted and that the above
restrictions shall be substituted for restrictions #10 and #12 in the Final
Order issued on September 28, 2007; and
IT IS FURTHER ORDERED that all
other portions of the Final Order issued on September 28, 2007 shall remain in
effect.
AND IT IS SO ORDERED.
__________________________________
October 26, 2007 Marvin F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge
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