ORDERS:
ORDER
The
above-captioned matter comes before this Court pursuant to S.C. Code Ann. §
61-2-260 (Supp. 2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2005), and S.C. Code
Ann. §§ 1-23-310 et seq. (2005) for a contested case hearing. In this
matter, Petitioner Punchibar, LLC, seeks an on-premises beer and wine permit
and a license to sell liquor by the drink for its restaurant, Mi Tierra,
located at 1262 Remount Road in North Charleston, South Carolina. Respondent
South Carolina Department of Revenue (Department) denied Petitioner’s
application for the permit and license because of protests regarding the
suitability of the proposed location filed by the City of North Charleston and
by John and Marie Genes, a couple residing on property immediately behind the
location. After timely notice to the parties and the protestants, a hearing of
this case was held on August 17, 2006, at the South Carolina Administrative Law
Court in Columbia, South Carolina. As discussed below,
Petitioner entered into a number of stipulations upon its license at the
hearing that alleviated the concerns of the protestants, such that they were
willing to withdraw their protest of Petitioner’s permit and license
application.
STIPULATIONS
Pursuant
to ALC Rule 25(C), Rule 43(k), SCRCP, and 23 S.C. Code Ann. Regs. 7-200.1(I)
(Supp. 2005), Petitioner stipulated at the hearing to the following
requirements being incorporated into its permit and license as conditions of
licensure:
1. Petitioner
stipulated that it would construct a six-foot-high, wooden privacy fence along
the rear of its property and along the portion of its property bordering North
Murray Avenue, to ensure that the property is only accessible from Remount
Road.
2. Petitioner
stipulated that it would place additional lighting behind the establishment to
fully illuminate the area to the rear of the business.
3. Petitioner
stipulated that it would implement a policy requiring patrons to either enter
the restaurant or leave the property, in order to prevent loitering on the
property.
4. Petitioner
stipulated that a violation of local noise ordinances committed by its
establishment would constitute a violation of its permit and license. With
regard to noise issues, Petitioner further stipulated that it would investigate
better ways to sound-proof the establishment.
Pursuant
to Regulation 7-200.1(I), these stipulations are incorporated into the basic
requirements for the enjoyment and privilege of obtaining and retaining Petitioner’s
beer and wine permit and liquor-by-the-drink license and shall have the same
effect as any and all laws and any and all other regulations pertaining to the
permit and license. 23 S.C. Code Ann. Regs. 7-200.1(I) (Supp. 2005). Further,
a knowing violation of the terms of these stipulations shall constitute
sufficient grounds to suspend, revoke, or otherwise penalize Petitioner’s
permit and license. Id. With the incorporation of these stipulations
into the terms of Petitioner’s permit and license, the protestants of record,
John and Marie Genes, agreed at the hearing to withdraw their protest of
Petitioner’s application and to consent to the issuance of the permit and
license in question.
ORDER
Based
upon the agreement of the parties reached at the hearing of this matter,
IT
IS HEREBY ORDERED that the Department shall GRANT Petitioner’s
application for an on-premises beer and wine permit and restaurant license to
sell liquor by the drink for the premises located at 1262 Remount Road in North
Charleston, South Carolina, with the incorporation of the stipulations stated
above as conditions upon the issuance and retention of the permit and license.
AND
IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
1205 Pendleton Street, Suite 224
Columbia, South Carolina 29201-3731
August 22, 2006
Columbia, South Carolina
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