ORDERS:
ORDER FOR REMAND
This matter came before me on September 28, 2005 for a contested case hearing on an
application for an on-premises beer and wine permit for Yours & Mine, 158 N. Dargan Street,
Florence, SC. The parties were present as shown above.
The Department of Revenue denied the Petitioner’s request for an on-premises beer and wine permit after conducting an extensive investigation and determining that Frank Wilson was not the true owner of the business as required by S.C. Code Ann. §61-2-100(A).
Mr. Wilson testified that he erred in listening to his “coach,” Mr. Solomon. Mr. Wilson indicated that Mr. Solomon asked Mr. Wilson to hold the permit in his name, but share the profits with Mr. Solomon so that Mr. Solomon’s eligibility for disability payments would not be affected. Mr. Solomon’s involvement with the business was not disclosed on the application. The Department is required to investigate thoroughly the background and moral character of each applicant and owner, and each person having day-to-day managerial authority under S.C. Code Ann. § 61-2-100.
Mr. Wilson has been advised by his attorney that the above-described arrangement is not allowed by the Department of Revenue for beer and wine permit holders. Although Mr. Wilson has agreed to restrictions on his permit which would prohibit Mr. Solomon from working at Yours & Mine, from having any financial interest therein, and which would bar Mr. Solomon from the building, the more rational decision seems to be that this case should be remanded to the Department for a new application on the part of Mr. Wilson.
IT IS THEREFORE ORDERED, that this case is remanded to the Department of Revenue for a new application on the part of Mr. Wilson. The Department shall fully investigate the principals and the location of Yours & Mine, as well as allow for protests, as a completely new application file.
AND IT IS SO ORDERED.
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Carolyn C. Matthews
Administrative Law Judge
November 4, 2005
Columbia, SC |
