ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Division pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2000) on the
application of Teresa Patrick for Rumors Wine and Spirits for an on-premises beer and wine permit and minibottle license
for a private club at 2845 North Pleasantburg Drive, Greenville, South Carolina. The Department of Revenue (Department)
would have granted the permit and license but for a protest regarding the suitability of the club's location. Accordingly, the
Department was excused from the hearing of this matter. After notice to the parties and the protestant, a hearing was
conducted on November 20, 2001, at the Administrative Law Judge Division in Columbia, South Carolina. Based upon the
evidence presented regarding the suitability of the proposed location, Petitioner's application for an on-premises beer and
wine permit and minibottle license is granted.
FINDINGS OF FACT
Having carefully considered all testimony, exhibits, and arguments presented at the hearing of this case, and taking into
account the credibility and accuracy of the evidence, I make the following Findings of Fact by a preponderance of the
evidence:
1. Applicant Teresa Patrick submitted an application for an on-premises beer and wine permit and a nonprofit private club
minibottle license with the Department on July 2, 2001, for the premises located at 2845 North Pleasantburg Drive,
Greenville, South Carolina. The location is situated in a commercial area along a four-lane major thoroughfare.
2. The proposed location has previously been permitted for on-premises beer and wine sales and licensed for the
consumption of liquor from minibottles for several decades. Petitioner recently operated under a 120-day temporary beer
and wine permit and minibottle license while its application was being processed.
3. Applicant Patrick has no criminal convictions and is a person of good moral character.
4. Applicant is a legal resident of the United States.
5. Applicant has resided in and maintained her principal place of abode in South Carolina for more than thirty days before
applying for a permit and minibottle license.
6. Applicant has never been cited for any violations of the alcoholic beverage control laws and she has never had a permit
to sell beer and wine or alcoholic liquors suspended or revoked.
7. Applicant is over twenty-one years of age.
8. Notice of the application for the beer and wine permit and minibottle license was published in The Greenville News on
June 27, July 2, and July 9, 2001. Notice was also posted at the proposed location for the required time period.
9. Applicant Patrick intends to operate a nonprofit private club at the location. Applicant represents and Petitioner's
bylaws indicate that the object and purpose of the nonprofit private club is to operate solely and exclusively for the social
and fraternal benefit of its members. Further, the private club intends to support the Greenville Shriners' Hospital and Burn
Unit.
10. The bylaws of the organization provide a definite, fixed method of electing persons to membership in the organization,
and membership is not open to the general public. Petitioner's bylaws also provide for the election of a Board of Directors,
with the chairman designated as responsible for the management of the private club. The bylaws further provide that the
club shall be maintained through the payment of dues by its members and that, upon dissolution, liquidation, or termination
of the club, its assets will be distributed to an appropriate charitable organization.
11. Petitioner filed Articles of Incorporation as a nonprofit corporation with the Secretary of State of South Carolina on or
about June 29, 2001, and is currently registered and in good standing with the Secretary of State.
12. Protestant R.H. Patterson filed a protest to Petitioner's application on the grounds that the proposed location is
unsuitable because of inadequate resources for South Carolina Law Enforcement Division agents to monitor the club,
potential traffic, criminal, and health problems, and the risk of impairment and addiction resulting from the consumption of
alcohol.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
1. Jurisdiction over this case is vested with the Administrative Law Judge Division pursuant to S.C. Code Ann. § 61-2-260
(Supp. 2000), S.C. Code Ann. § 1-23-600(B) (Supp. 2000), and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2000).
2. "[T]he issuance or granting of a license to sell beer or alcoholic beverages rests in the sound discretion of the body or
official to whom the duty of issuing it is committed[.]" Palmer v. S.C. Alcoholic Beverage Control Comm'n, 282 S.C. 246,
248, 317 S.E.2d 476, 477 (Ct. App. 1984).
3. S.C. Code Ann. §§ 61-4-520 (Supp. 2000) & 61-6-1820 (Supp. 2000), respectively, establish the criteria for the issuance
of a beer and wine permit and a minibottle license. Although the suitability of the proposed location is not listed in Section
61-6-1820 as a condition of licensing, such a consideration is proper. See Schudel v. S.C. Alcoholic Beverage Control
Comm'n, 276 S.C. 138, 276 S.E.2d 308 (1981). 23 S.C. Code Ann. Regs. 7-17 (1976 & Supp. 2000) sets forth additional
requirements for a bona fide nonprofit organization to hold a liquor license.
4. Although "proper location" is not statutorily defined, broad discretion has been vested in the finder of fact in determining
the fitness or suitability of a particular location. See Fast Stops, Inc. v. Ingram, 276 S.C. 593, 281 S.E.2d 118 (1981).
5. The determination of suitability of location is not necessarily a function solely of geography. Rather, 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); Schudel v. S.C.
Alcoholic Beverage Control Comm'n, 276 S.C. 138, 276 S.E.2d 308 (1981).
6. In determining whether a proposed location is suitable, it is proper for this tribunal to consider any evidence that shows
adverse circumstances of location. Palmer v. S.C. Alcoholic Beverage Control Comm'n, 282 S.C. 246, 317 S.E.2d 476
(Ct. App. 1984) (citing Smith v. Pratt, 258 S.C. 504, 189 S.E.2d 301 (1972)).
7. "[A] liquor license or permit may be properly refused on the ground that the location of the establishment would
adversely affect the public interest, that the nature of the neighborhood and of the premises is such that the establishment
would be detrimental to the welfare . . . of the inhabitants, or that the manner of conducting the establishment would not be
conducive to the general welfare of the community." 48 C.J.S. Intoxicating Liquors § 121 (1981).
8. Further, the "proximity of a location to a church, school or residence is a proper ground, by itself, on which the [trier of
fact] may find the location to be unsuitable." Byers v. S.C. Alcoholic Beverage Control Comm'n, 305 S.C. 243, 246, 407
S.E.2d 653, 655 (1991).
9. The trier of fact must weigh and pass upon the credibility of the evidence presented. See S.C. Cable Television Ass'n v.
S. Bell Tel. & Tel. Co., 308 S.C. 216, 417 S.E.2d 586 (1992). The trial judge who observes a witness is in the best position
to judge the witness's demeanor and veracity and to evaluate his testimony. See McAlister v. Patterson, 278 S.C. 481, 299
S.E.2d 322 (1982); Peay v. Peay, 260 S.C. 108, 194 S.E.2d 392 (1973); Mann v. Walker, 285 S.C. 194, 328 S.E.2d 659 (Ct.
App. 1985); Marshall v. Marshall, 282 S.C. 534, 320 S.E.2d 44 (Ct. App. 1984).
10. The denial of a license or permit to an applicant on the ground of unsuitability of location is without evidentiary support
when relevant testimony of those opposing the requested license or permit consists entirely of opinions, generalities, and
conclusions not supported by the facts. Taylor v. Lewis, 261 S.C. 168, 198 S.E.2d 801 (1973); Smith v. Pratt, 258 S.C.
504, 189 S.E.2d 301 (1972).
11. Without sufficient evidence of an adverse impact on the community, the application must not be denied if the statutory
criteria are satisfied. The fact that the issuance of a permit or license is protested is not a sufficient reason by itself to deny
the application. See 48 C.J.S. Intoxicating Liquors § 119 (1981).
12. The protestant did not make a sufficient evidentiary showing at the hearing that the proposed location is unsuitable or
that the issuance of an on-premises beer and wine permit and a minibottle license would affect residents' safety, increase
crime problems, or have an adverse impact on the community.
13. Further, Petitioner meets all of the statutory criteria enacted by the South Carolina General Assembly for the issuance of
an on-premises beer and wine permit and a nonprofit private club minibottle license. In making a decision in this matter,
this tribunal is constrained by the record before it and the applicable statutory and case law. The objections raised by the
protestant and the witnesses who testified on his behalf are mainly rooted in their general, moral objection to the proposed
location selling alcoholic beverages. This tribunal acknowledges their opposition to the issuance of the permit, as well as
their right to hold such sentiments. However, mere aversion to the sale of alcoholic beverages is not within the statutory
grounds for denial of a permit request. See 48 C.J.S. Intoxicating Liquors §§ 118, 119, 121 (1981). Therefore, the
arguments proffered by the protestant and his witnesses do not constitute a sufficient basis upon which to deny Petitioner's
request.
ORDER
Based upon the above Findings of Fact and Conclusions of Law,
IT IS HEREBY ORDERED that the Department of Revenue continue processing Petitioner's application for an on-premises beer and wine permit and a nonprofit private club minibottle license for 2845 North Pleasantburg Drive,
Greenville, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
December 3, 2001
Columbia, South Carolina |
