South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Amerada Hess Corp., d/b/a Hess Mart, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Amerada Hess Corp., d/b/a Hess Mart, Inc.

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
00-ALJ-17-0502-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER PURSUANT TO MOTION TO AMEND JUDGMENT

A hearing was held in this contested matter on December 4, 2000, at the Administrative Law Judge Division (ALJD or Division) in Columbia, South Carolina. The undersigned Administrative Law Judge (ALJ) issued a Final Order and Decision in this matter on February 13, 2001. Thereafter, on February 15, 2001, the Petitioner filed a Reconsideration Request which this Division is treating as a Motion to Amend Judgment.

Rule 59(e) SCRCP sets forth that "[a] motion to alter or amend the judgment shall be served not later than 10 days after receipt of written notice of the entry of the order." Petitioner timely filed said motion.

Petitioner requests that Restriction 4 in the Final Order and Decision be amended and Restriction 5 be deleted. Petitioner requests that Restriction 4 be amended to prohibit only the sale of twelve (12) ounce single cans or bottles so that the sale of one-quart bottles is allowed. However, the purpose of Restriction 4 is to discourage on-site consumption of alcohol and consumption of alcohol in the neighboring parking lot of Saint Mark's United Methodist Church. Therefore, allowing the sale of a single one-quart bottle, a single twenty-two (22) ounce can or other single container of beer defeats the purpose of the restriction.

Petitioner also requests that Restriction 5 be deleted. The goal of Restriction 5 is to prohibit Hess from stacking containers of alcohol as a display that is visible through the windows of the store. This tribunal is aware that it is necessary for a customer to carry a six pack to the cashier in order to pay, however, it is not necessary to keep a stationary display of alcohol that is visible through windows of the store so passersby are able to see the alcohol from a distance. Therefore, Restriction 5 shall be amended to no stacking of beer or wine so that the display is visible to the unaided eye at a distance of two hundred fifty (250) feet or more from the entrance of the Hess station.

IT IS HEREBY ORDERED that Petitioner's Motion to Amend Judgement as to Restriction 4 is denied.

IT IS FURTHER ORDERED that Petitioner's Motion to Amend Judgment as to Restriction 5 is granted in that Restriction 5 is amended from "no beer or wine products" to no stationary display of beer or wine shall be visible to the unaided eye at a distance of two hundred fifty (250) feet or more from the entrance of the Hess Mart.

All other restrictions and conditions of the Final Order and Decision dated February 13, 2001, which are hereby incorporated by reference, remain in full force and effect.

AND IT IS SO ORDERED.







____________________________

C. DUKES SCOTT

Administrative Law Judge





February 26, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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