SC Administrative Law Court Decisions

Michelle A. Evans (Evans) filed with the South Carolina Department of Revenue (DOR), an application for an on-premises beer and wine permit and a consumption (minibottle) license for 421 Broad Street, Sumter, South Carolina. The City of Sumter and Calvary Bible Church intervened seeing to prevent DOR from granting the application.

After a hearing, an order was issued on September 7, 2000 directing DOR to issue the beer and wine permit. However, for the requested minibottle license, a second dispute was whether the proposed location was within a prohibited distance of 300 feet from a church. S.C. Code Ann. § 61-6-1820(3) (Supp. 1999). A determination on the minibottle license could not be made since the evidence left the distance to Calvary Bible Church too indefinite for a decision. Accordingly, DOR was directed to issue the beer and wine permit but was directed to obtain a SLED Agent's measurement of the distance to the Church. Further, DOR was directed to be prepared on October 9, 2000 to present testimony establishing the distance to the church and explain how the measurement was made.

On October 9, 2000, DOR appeared at the hearing along with the SLED Agent who had made the measurement to the church. Without objection, a map prepared by the SLED Agent was received into evidence. The map established a distance to the church of at least 366 feet and at most of 385 feet. No contrary evidence disputed the measurements presented by the SLED Agent's map. Thus, the proposed location is not within 300 feet of a church.

Accordingly, in addition to the beer and wine permit already granted, DOR is directed to issue a minibottle license to Michelle A. Evans for 421 Broad Street, Sumter, South Carolina.

AND IT IS SO ORDERED

____________________________

RAY N. STEVENS

Administrative Law Judge

Dated: October 11, 2000

Columbia, South Carolina