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

R.L. Jordan Oil Co. of North Carolina, d/b/a Hot Spot 6001 vs. SCDOR

South Carolina Department of Revenue

R.L. Jordan Oil Co. of North Carolina, d/b/a Hot Spot 6001

South Carolina Department of Revenue




This matter is before the Administrative Law Court pursuant to an application for the renewal of an off premises beer and wine permit filed by the Petitioner with the Respondent, South Carolina Department of Revenue (hereinafter “Department”). The Department denied the renewal of the off premises beer and wine permit held by R.L. Jordan Oil Co. of North Carolina (hereinafter Licensee) at 3213 Farrow Road in Columbia, South Carolina based on a valid public protest filed by the Fifth Circuit Solicitor’s Office and instituted a revocation proceeding against the Respondent’s off premises beer and wine permit at this same location. The renewal action and the revocation proceeding, found under Docket No. 06-ALJ-17-0815-CC, were consolidated for hearing purposes only.

Prior to a hearing on the merits, the parties reached an agreement resolving the revocation proceeding and satisfying the concerns of the Department in this renewal action based upon the Petitioner’s consent to restrictions placed against its beer and wine permit. Accordingly, at the hearing on the merits of the renewal action, this Court heard from the Protestant, Fifth Circuit Solicitor Barney Giese, as well as various members of the community surrounding the location. Taking into consideration the testimony of the Protestant and various community members, the Court finds that the renewal of the permit should be granted but only with the following agreed upon voluntary restrictions on the location’s beer and wine permit. These conditions shall remain in effect until they are modified by further order of a court of competent jurisdiction, or August 31, 2010, whichever occurs first.

1. Licensee shall not sell beer and wine Monday through Saturday between the hours of 3 a.m. to 7 a.m. The parties recognize that this restriction does not include sales of beer and wine on Sundays because pursuant to State law beer and wine sales must cease “between the hours of twelve o’clock Saturday night and sunrise Monday morning.”

2. Licensee shall employ a private security guard from 8 p.m. to 12 midnight on Monday through Thursday and 12 midnight to 4 a.m. on Fridays and Saturdays. Subject to any change in policy that may affect the availability of off-duty officers of the law, Licensee shall employ uniformed, off-duty officers of the law to provide the security described herein.

3. Licensee shall maintain the current 18 security cameras located around the property in good operating condition. Licensee shall further retain the security tapes for at least 30 days and provide the tapes to law enforcement upon request.

4. Licensee shall provide for a minimum of two employees (in addition to the security guard described in Paragraph 2) on duty at all times, with one employee having the ability to patrol the parking lot.

5. Licensee shall maintain the fencing surrounding the rear of the building to eliminate access to the secluded areas of the property. As such, all gates on the fencing shall remained locked at all times, unless in use for a community function, in order to prevent cars cruising or circling the location. This stipulation shall remain effective for the duration of this agreement as long as the Licensee owns or is in control of the rear property and would not affect any subsequent owner of the rear property.

6. Licensee shall not permit or knowingly allow loitering, the consumption of alcoholic beverages, or profanity in or around the premises. The security guard and other employees of the location shall have a duty to patrol the interior and exterior of the premises to prevent these and other undesirable behaviors, such as panhandling. Violators will be instructed to leave and/or law enforcement will be contacted.

7. Licensee shall not permit or knowingly allow patrons to park in vehicles for extended periods of time, play loud music, or leave vehicles parked there unattended for an extended period of time. The security guard and other employees of the location shall have a duty to patrol the area to prevent these and other undesirable behaviors.

8. Licensee shall ensure that litter on the premises is picked up at least twice per day, once in the morning and once in the afternoon, and will provide and maintain trash receptacles around the gas pumps, the sides, and the front of the building.

9. Licensee shall post signs on all sides of the outside of the building notifying patrons that there shall be no loitering, consumption of alcoholic beverages, or use of profanity on the premises.

10. Licensee will not play music at the gas pumps during any time.

11. Licensee shall maintain in good working condition the interior and exterior lighting to include the lighting around the gas pumps, the sides of the building, and the rear of the building.

12. Licensee shall remove all signage and merchandise display units from the storefront windows in order to maintain clear sight lines and provide maximum visibility inside and outside the store.

13. Licensee shall, upon reasonable request, allow use of the rear of the property for community outreach programs.

The Licensee has further stated that it will continue to engage in community outreach measures in an effort to address community concerns. While these measures are not included as restrictions on the Licensee’s beer and wine permit, the Licensee has stated that it will take the following actions:

a. Request that the City of Columbia move the bus stop currently located in front of the location.

b. Request that the City of Columbia establish a police substation or mobile unit on the property.

c. Pursue the organization of a regional task force comprised of area businesses and city officials to address community issues.

d. Encourage the installation of public surveillance cameras in the local area.

e. Seek the creation of a hot line or crime watch zone between law enforcement officers, businesses, and the community to report suspicious activity.

f. Pursue collaborative efforts with law enforcement, the City of Columbia, and the community at large to address community problems.

Based upon the foregoing, IT IS HEREBY ORDERED that the Department shall issue the renewal of the off premises beer and wine permit for R.L. Jordan Oil Co. of N.C., d/b/a Hot Spot 6001 located at 3213 Farrow Road subject to the restrictions stated herein. These restrictions shall be conspicuously posted with the permit at the location. A violation of any of the restrictions ordered herein may constitute grounds for the revocation of the permit.




Administrative Law Judge

April 18, 2007

Columbia, South Carolina


Brown Bldg.






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