SC Administrative Law Court Decisions

STATEMENT OF THE CASE

This matter comes before me for a contested case hearing pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2000) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2000). The United Association of Recreational Sports, d/b/a Roadhouse Saloon ("Petitioner") through its president, Patricia Graham, filed applications for an on-premise beer and wine permit and an on-premise sale and consumption ("mini-bottle") license for the premises located at 1021 McIver Road, Darlington, Darlington County, South Carolina ("location"). The applications were objected to by the Darlington County Sheriff's Office ("Protestant"). The South Carolina Department of Revenue ("Department") found that the applicant met all the statutory provisions but for the question of suitability of location. See S.C. Code Ann. § 61-4-520 (Supp. 2000) and S.C. Code Ann. § 61-6-1820 (Supp. 2000). Pursuant to an Order of this Court, the Department was not required to be present at the hearing.

A hearing was held on Thursday, April 5, 2001, at the offices of the Administrative Law Judge Division, ("Division"), Columbia, South Carolina. The issues considered were the suitability of the proposed location and the unavailability of police protection at the location.

Appearing at the hearing and offering testimony were the Petitioner through its president, Ms. Patricia Graham, together with Lt. John Preston Purvis and Lynn W. Johnson of the Darlington County, South Carolina Sheriff's Office.

The application requests are denied.

EXHIBITS

Certified copies of documents forwarded to the Administrative Law Judge Division from the Department are made a part of the record. At the hearing, the Petitioner placed into the record, without objection, the following:

• A proposal for paving the parking area at the location.

• A proposal for installing a wooden fence around two sides of the building at the location.

At the hearing, the Protestant, Darlington County Sheriff's Office, also placed into the record without objection the following:

• Eight (8) photographs (labeled 1-A through 1-H).

• A large aerial photograph of the location.

• Another aerial photograph showing the residential area surrounding the location.

• A listing of numbers assigned to incident reports (when no written incident investigation report was made) about the location when it was licensed under the name "Big Jack's."

FINDINGS OF FACT

Having observed the witnesses and exhibits presented at the hearing and closely passed upon their credibility, taking into consideration the burden of persuasion by the parties or protestants, I make the following findings of fact by a preponderance of the evidence:

General

1. This Division has personal and subject matter jurisdiction.

2. Notice of the date, time, place and subject matter of the hearing was timely given to all parties and the Protestant.

3. The Petitioner, The United Association of Recreational Sports, d/b/a Roadhouse Saloon, 1021 East McIver Road, Darlington, S.C., through its president, Patricia Graham, is seeking an on-premise beer and wine permit and a sale and consumption license for a nonprofit private club known as "Roadhouse Saloon," located at 1021 East McIver Road, Darlington, Darlington County, South Carolina.

4. Articles of Incorporation as well as an amendment to the Articles were filed with the office of the Secretary of State for South Carolina on May 2, 2000, and January 5, 2001, respectively. On May 2, 2000, the Secretary of State issued a Certificate of Incorporation for The United Association of Recreational Sports as a nonprofit corporation in South Carolina.

5. Petitioner filed its By-Laws with the Department on January 5, 2001. They define Petitioner's offices, fiscal year, purposes, membership qualifications, membership dues, personnel, officers with their functions and duties, board of directors, meetings, amendments to the By-Laws, and procedures regarding the dissolution of the corporation, i.e., that upon dissolution of Petitioner, all remaining assets shall be distributed to the Red Cross of South Carolina and that none shall accrue or inure to the benefit of any individual member of its board or any of its members.

6. Notice of the application has been given by displaying a sign for a minimum of fifteen (15) days at the site of the proposed location.

7. Mrs. Patricia Graham is of good moral character and has no record of any criminal convictions.

8. Notice of this application has appeared at least once a week for three (3) consecutive weeks in The News and Press, a newspaper of general circulation in the local area where the Petitioner proposes to engage in this business.

Applicant's Personal Information and Work History

9. Patricia Graham is a resident and citizen of the County of Darlington, State of South Carolina, where she has lived for the last three years. Prior to that, she lived in Florence County for

thirty-five years. Ms. Graham was born October 25, 1963. She has been a resident and citizen of the State of South Carolina all her life. She has no criminal record.

10. Mrs. Graham has never been issued nor held a beer and wine permit, liquor license, or a business sale and consumption license. Thus, she has never had any such permit or license revoked.

11. Mrs. Graham is married. Her husband is a truck driver with Palmetto Transport. He intends to assist Mrs. Graham in the management and operation of the club when he is not working with his employer. Mr. and Mrs. Graham have two grown children.

12. Mrs. Graham attended Florence-Darlington Technical College for two years and received a certificate in nursing and office technology.

13. While Mrs. Graham was attending technical college in the 1980's, she worked part-time on the weekends as a waitress and bartender at the Thunderbird Lounge in Florence. Some two years ago she worked for approximately four months at the Golden Saddle Lounge, a private club in Darlington County. At the Golden Saddle she was in charge of membership promotion which, during her short tenure, increased by thirty-two (32%) percent.

14. Mrs. Graham has assisted other local clubs with membership promotions and for the last two years has been employed as the general manager at the Nighty Nites Club, known as "Alusions." It is located at 302 Salley Hill Road, Darlington County, South Carolina. She works on Friday, Saturday, and Sunday and as part of her job she bartends, oversees membership drives, and manages/maintains the records. The management at Alusions caters to individuals who are forty (40) years of age and older.

Location

15. The location of the proposed private club is within a rural residential area. It is situated at the intersection of East McIver Road (S16-179) and Palmetto Road. It is within an unincorporated area of Darlington County.

16. The location is owned by Mr. Barise Gerald. On April 27, 2000, Mr. Gerald and Mrs. Patricia Graham entered into a written lease/purchase agreement for both 1021 and 1025 East McIver Road, Darlington County, South Carolina. The 1021 East McIver Road property consists of the proposed club and the property at 1025 East McIver Road consists of a family residence where Petitioner presently resides with her husband, son, daughter-in-law, and grandson. The properties adjoin and front East McIver Road.

17. Pursuant to the lease/purchase agreement, Mrs. Graham agrees to lease both properties for the sum of $750.00 per month, beginning on the first day of May 2000. Further, Mrs. Graham is responsible for all repairs to the properties. The lessor agrees, upon written proof of any repair, to give credit to Mrs. Graham for the monthly payments.

18. Mrs. Graham is responsible for all utilities for both the house and the proposed club.

19. Mrs. Graham has the option of purchasing the entire property (1021 and 1025 McIver Road) for the sum of $95,000.00. Mr. Gerald agrees to finance the sale, upon payment by Mrs. Graham of the sum of $9,500.00. Thereafter, the balance will be reduced upon the payment of $750.00 each month.

20. East McIver Road is a busy thoroughfare with heavy traffic.

21. Across East McIver Road from the proposed location and separated therefrom by a small forest is the Palmetto Plant of Wellman Industries, Inc.

22. There are a number of single family houses and churches in the general vicinity of this location. SeeProtestant's Exhibit 3 and the drawing of the general location by State Law Enforcement Division ("SLED") agent E. L. McNeil, dated June 21, 2000.

23. There are not presently any churches, schools, or playgrounds within five hundred (500) feet of the proposed location. However, there is a playground and ball field at the Northwood Worship Center, located across East McIver Road approximately two-tenths of a mile from the proposed location.

24. Across East McIver Road from the proposed location are approximately four residences and a church. Located on the same side of the road as the location are a number of single family residences. In addition, numerous single family residences are located behind the proposed location, fronting on Jones Road.

25. The McIver Road Church of God has bought a tract of land along Jones Road and Palmetto Road (behind the proposed location), and has had it surveyed and developed for the purpose of selling lots. The church has already sold some of the lots, and any profits from lot sales will be used to build a church at the intersection of Jones Road and Palmetto Road.

26. There are no other locations in the general vicinity where beer, wine, or liquor is presently sold. At one time beer and wine was sold from a building located across Palmetto Road from the proposed location at Jackson's Superette and Grill and at Jackson's Club. See the SLED drawing dated June 21, 2000.

Previous History/Problems

27. Previously the proposed location was operated as a club by George Mazzant III under the name "Big Jack's." In March 1995, when Mr. Mazzant applied for an on-premise beer and wine permit and a minibottle license for a restaurant at the proposed location, he had pending charges against him for assault and battery of a high and aggravated nature. Across the street (where subsequently Jackson's Superette operated) was a Shell filling station.

28. Mr. Mazzant had been an employee of Jack Rogers from approximately December 1994 to March 1995. Mr. Rogers operated the location as a lounge/restaurant. While under the ownership and management of Mr. Rogers, the club was a source of noise, traffic problems, and crime problems involving drugs and violence. Further, there had been a problem with patrons not having available parking. The permit and license held by Mr. Rogers expired upon his death.

29. Mr. Mazzant operated and managed the proposed club under a temporary beer and wine permit from March 1995 to the date of the hearing on his applications. During this period, the majority of the patrons at the proposed location were shift workers from various manufacturing plants in the general locale who would visit the location primarily between the hours of 12:00 midnight and 2:00 a.m. after they got off the second shift.

30. The Darlington County Sheriff's Office protested the application of Mr. Mazzant based upon previous incidents at the location.

31. The matter came before the Hon. Stephen P. Bates for a hearing. Testifying at that hearing was Lt. John Purvis. By Order dated July 13, 1995, the court found the applicant to be of good moral character and issued the permit and license with certain restrictions. See Docket No. 95-ALJ-17-0233-CC.

32. Following Mr. Mazzant's ownership and management of the club at the proposed location, Paul L. Graham applied for a temporary beer and wine permit and minibottle license in September 1998. The location was operated as McIver Tavern. Mr. Graham applied at that same time for an on-premise beer and wine permit and a nonprofit private club minibottle license. He intended to operate the club as "Mr. G's Lounge." Mr. Graham held a permit and license from March 1999 until May 1999 but did not seek renewals.

33. The record reflects that, since 1992, numerous calls have been made to the Darlington County Sheriff's office about incidents at the location. Many of the incidents were investigated by officers of the Darlington County Sheriff's Office.

Store/Club Building

34. The building at the location is in very poor condition. It will require much work and expenditure of funds to make it functional and pleasing to patrons.

35. Mrs. Graham has discussed with American Steel Buildings the construction of a new building at the location. The room which has been added to the front will be torn off. The estimate for constructing the building is $28,000.00.

36. Mrs. Graham intends to have wooden fencing placed around two sides of the location. She has an estimate for $4,000.00 to get this done.

37. Mrs. Graham has an estimate to pave the areas around the building at the location for the sum of $4,000.00.

38. Mrs. Graham received approximately $32,000.00 during the year 2000 as a settlement from an injury received in an automobile accident. She intends to use these funds in the renovation of the store building at the location. Further, Mrs. Graham's brother, Curtis Ray Rollins, also intends to invest some monies to help in the restoration and construction of the building. In return for his investment, Mr. Rollins will receive a 25% ownership in the business.

39. Mrs. Graham intends to have this work completed prior to opening the club.

40. There is only one septic tank on the property which services both the family residence and the club/store building. Mrs. Graham is agreeable to have representatives of the Department of Health and Environmental Control come out to the property to study the situation and provide any recommendations to ensure that raw sewage does not spill on the properties of the neighbors. Mrs. Graham represented that she will abide by any recommendations made by the Department of Health and Environmental Control.

Operations at the proposed location

41. Petitioner intends to keep the club closed on Sundays and to operate the club during the other six days during the following hours:

• On Mondays, Tuesdays and Wednesdays, from 6:00 p.m. until 2:00 a.m.

• On Thursdays and Fridays from 4:00 p.m. until 2:00 a.m.

• On Saturdays from 4:00 p.m. until 12:00 midnight.

42. Mrs. Graham testified that she will allow zero tolerance for incidents at the club. It is her intent that the club will cater to older adults and the music will be jazz and blues. If granted the permit and license, Mrs. Graham intends to operate a private club at the location which would be open to and used only by its members and their guests.

43. Mrs. Graham will require all staff at the club to take drug tests at McLeod Hospital on a random basis. Further, she intends to have background checks run on all new hires.

44. To ensure that there will be no incidents at the club, Mrs. Graham has received a written proposal from R. C. L. Entertainment dated January 5, 2001. R. C. L. agrees to provide security at the club at the rates of $14.50 per hour per person for armed security and $12.50 per hour per person for unarmed security. It is the intent of Mrs. Graham to employ either an armed or unarmed guard on the premises during all business hours for each of the six days it is open for business.

Police Protection Concerns

45. The proposed location is approximately two miles down Palmetto Road from the Darlington County-Florence County line and is only one fourth (1/4) mile from the county line via East McIver Road. Thus, when calls are made to the Darlington County Sheriff's Office for assistance, the individuals involved in the incident have left and are in Florence County by the time a deputy is able to get to the location.

46. The response time for a Darlington County deputy to arrive at the location is 15 to 20 minutes on a good day. It is difficult for law enforcement in Darlington County to provide efficient and adequate police protection to the proposed location, given its relatively remote location and its close proximity to Florence County.

47. The Darlington County Sheriff's Office has fifty employees. Its officers have to patrol an area of approximately two hundred eighty (280) miles.

Adjoining Neighbors' Concerns

48. Lt. John Purvis is fifty-five (55) years of age. He has been employed with the Darlington County Sheriff's Office for the last twenty-three years. He has worked patrol and has served as a firearm instructor, a shift supervisor, and a training officer. Lt. Purvis has also served in the civil process section.

49. Lt. Purvis lives at 2108 Jones Road, Darlington County, South Carolina. He has owned his home there and lived there for the last thirty-three years. His home is almost directly behind the proposed location.

50. Lt. Purvis lives with his second wife and their three children at the home on Jones Road. The children are between the ages of seven years and twelve years. He and all his family sleep in their home each night.

51. Adjoining the Purvis home on one side is a residence occupied by a family which has two children, ages six to eight, and on the other side of the Purvis home lives a family that has a boy and girl, aged six to twelve years.

52. For many years Lt. Purvis has listened to the noise coming from fights, cars, and loud music at the proposed location. He has had to deal with the septic tank at the proposed location, which has overflowed from excessive use from both the residence and club facility. He has watched as patrons at the location, when unable to use the bathroom, have urinated at the rear of his property. His family has had very little peace during the times when the proposed location was being used as a club, regardless of who was operating the club.

53. There is a drug problem existing at the club whenever it is open for business. This problem has persisted regardless of who was managing the club.

54. As a law enforcement officer, Lt. Purvis knows that East McIver Road has the second highest death rate in the county for accidents.

CONCLUSIONS OF LAW

Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:

1. Pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2000) and Chapter 23 of Title 1 of the 1976 Code, as amended, the South Carolina Administrative Law Judge Division has jurisdiction in this matter.

2. The sale of beer, wine or liquor is a lawful enterprise in South Carolina, as regulated by the State.

3. S.C. Code Ann. § 61-4-520 (Supp. 1999), which sets forth the requirements for the issuance of a beer and wine permit, provides in part:

No permit authorizing the sale of beer or wine may be issued unless:

1) The applicant, any partner of co-shareholder of the applicant, and each agent, employee and servant of the applicant to be employed on the licensed premises, are of good moral character.

2) The retail applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.

3) The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in the State for at least thirty days before the date of application or has been licensed previously under the laws of this State.

4) The applicant, within two years before the date of application, has not had revoked a beer or wine permit issued to him.

5) The applicant is twenty-one years of age or older.

6) The location of the proposed place of business of the applicant is in the opinion of the department a proper one.

7) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds and churches. This item does not apply to locations licensed before April 21, 1986.

8) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section . An applicant for a beer and wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

9) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of permit sought;

(b) state where an interested person may protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the division.

4. S.C. Code Ann. § 61-6-1820 (Supp. 2000), which sets forth the requirements for the issuance of asale and consumption ("mini-bottle") license, provides as follows:

The Department may issue a license under subarticle 1 of this article upon finding:

1) The applicant is a bona fide nonprofit organization or the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging.

2) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community, and its principals are of good moral character.

3) As to business establishments or locations established after November 7, 1962, § 61-6-120 has been complied with.

4) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. An applicant for a beer and wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the department.

5) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of license sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the division.

6) The applicant is twenty-one years of age or older.

7) The applicant is a legal resident of the United States, has been a resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in this State for at least thirty days before the date of application.

8) The applicant has not been convicted of a felony within ten years of the date of application.

5. S.C. Code Ann. § 61-6-120 (Supp. 2000) provides that a liquor license shall not be issued if the place of business to be licensed is located within three hundred feet of any church, school, or playground situated within a municipality, or within five hundred feet of any church, school, or playground situated outside of a municipality. No churches, schools, or playgrounds are located within the prescribed proximity to render the proposed location unsuitable based on this distance requirement.

6. A license for the sale and consumption of alcoholic beverages must not be granted unless the location will be operated as either a bona fide nonprofit organization or a bona fide business engaged primarily and substantially in food preparation and service or the furnishing of lodging. It appears that Mrs. Graham has every intent to operate this club as a private nonprofit club.

7. S.C. Code Ann. § 61-6-20 (2) and (4) (Supp. 2000), which define a bona fide business engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, read in part as follows:

As used in the ABC Act, unless the context clearly requires otherwise:

(2) "Bona fide engaged primarily and substantially in the preparation and serving of meals" means a business which has been issued a Class A restaurant license prior to issuance of a license under Article 5 of this chapter, and in addition provides facilities for seating not less than forty persons simultaneously at tables for the service of meals.

. . . .

(4) "Furnishing lodging" means those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms.

Petitioner is not applying for a liquor license at a location which is engaged primarily in the preparation and serving of food or the business of furnishing lodging.

8. S.C. Code Ann. § 61-6-1600 (Supp. 2000) provides as follows:

Nonprofit organizations which are licensed by the department under this article may sell alcoholic liquors in mini-bottles. Members or guests of members of these organizations may consume alcoholic liquors sold in mini-bottles upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.

9. S.C. Code Ann. Regs. § 7-17 (1976), entitled "Sale and Consumption at Nonprofit Organizations," sets forth the requirements which must be met by an applicant to obtain a liquor license. Petitioner is applying for the license as a nonprofit organization. Petitioner has complied with some of the provisions of this regulation; it has filed an application, a copy of its Articles of Incorporation and a copy of its Bylaws. However, Petitioner has not filed, as required by § 7-17 G. (3), a listing of its officers and directors showing their names, ages, correct mailing addresses, and business employment. For this reason, the application request for an on-premise liquor license for this nonprofit organization is defective.

10. A license may not be issued pursuant to S.C. Code Ann. § 61-6-910 (Supp. 2000)

if: (1) the applicant is not a suitable person to be licensed; (2) the store or place of business to be occupied by the applicant is not a suitable place; or (3) a sufficient number of licenses have already been issued in the State, incorporated municipality, unincorporated municipality, or other community.

11. Petitioner has met the qualifications set forth in S.C. Code Ann. §§ 61-4-520 and 61-6-1820 (Supp. 2000), concerning her residency and age, as well as the publication and notice requirements.

12. The factual determination of whether or not an application is granted or denied is usually the sole prerogative of the executive agency charged with rendering that decision. Palmer v. S.C. ABC Comm'n, 282 S.C. 246, 317 S.E.2d 476 (Ct. App. 1984). As the trier of fact, an administrative law judge is authorized to determine the fitness or suitability of the proposed business location of an applicant for a permit to sell beer and wine using broad but not unbridled discretion. Ronald F. Byers v. S.C. ABC Comm'n, 281 S.C. 566, 316 S.E.2d 705 (Ct. App. 1984). It is also the

fact finder's responsibility to judge the demeanor and credibility of witnesses and determine the relevance and weight of any testimony and evidence offered.

13. Although "proper location" is not statutorily defined, broad discretion is vested in the judge in determining the fitness or suitability of a particular location. Fast Stops, Inc. v. Ingram, 278 S.C. 593, 281 S.E.2d 118 (1981). The determination of suitability of a location is not necessarily a function solely of geography. It involves an infinite variety of considerations related to the nature and operation of the proposed business and its impact on the community within which it is to be located. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (1985). Any evidence adverse to the location may be considered. The proximity of a location to a church, school or residences is a proper ground by itself, on which the location may be found to be unsuitable and a permit denied. Byers v. S.C. ABC Comm'n, 305 S.C. 243, 407 S.E.2d 653 (1991). Further, the court can consider whether "there have been law enforcement problems in the area." Palmer v. S.C. ABC Comm'n, 282 S.C. 246, 317 S.E.2d 476 (Ct. App. 1984).

14. In considering suitability of location, it is relevant to consider previous history of the location and to determine whether the testimony in opposition of a permit is opinions and conclusions or supported by facts. Taylor v. Lewis, 261 S.C. 168, 198 S.E.2d 801 (1973). In this case, the testimony of the protestant, Lt. Purvis, who is both a lieutenant with the Darlington County Sheriff's office and a neighbor of the proposed location for many years, indicates his personal knowledge of the problems which have occurred at this location over a number of years, during the tenure of several different managers and owners. Further, I found Lt. Purvis to be quite credible. He has patrolled the area and has lived in the area for thirty-three years. He knows the people who live in the area and is quite aware of the many problems which have originated at this location in the past. He is aware of the proximity of this location to Florence County and of the difficulty for the sheriff's office to provide timely police protection. When these problems have consistently occurred at such a location notwithstanding changes in management and ownership, this is a strong indication that the location is not suitable to be licensed.

I find that Mrs. Graham has good intentions in seeking to renovate the building and grounds, hire security officers, and to utilize her monies received from injuries suffered in an automobile accident. However, I further find that due to the close proximity of this location to so many residences, the vast expenditures which must be made in an attempt to convert this location into one which will minimize adverse effects upon the surrounding residents, and the request to keep this location open past midnight, together with the past history of the location and the difficulty in obtaining efficient police protection, this type of establishment is not suitable for this neighborhood.

The concerns in protecting the safety and well-being of the residents who live in this neighborhood far outweigh the need for this nonprofit club. The granting of this permit and license would contribute to further instability and engender crime in the surrounding community. Therefore, the permit and license requests must be denied.

15. I conclude that the Petitioner has not met its burden of proof in showing that it meets all of the statutory requirements for holding a retail beer and wine permit and a sale and consumption license as a nonprofit corporation at the proposed location. I further conclude that the proposed location is not a proper one for granting the permit and license.

ORDER

Based upon the above Findings of Fact and Conclusions of Law, it is hereby:

ORDERED that the application of The United Association of Recreational Sports, d/b/a Roadhouse Saloon, 1021 East McIver Road, Darlington, S.C., for an on-premise beer and wine permit and a business sale and consumption ("mini-bottle") license as a nonprofit corporation at its location at 1021 East McIver Road, Darlington County, South Carolina is denied.

AND IT IS SO ORDERED.

__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

April 17, 2001

Columbia, South Carolina