ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code §61-1-55 (Supp. 1993) and
§1-23-310 et seq. upon an application for an off-premises beer and wine permit for 105 South
Main Street, Jefferson, South Carolina, by Edwin E. Miller, III filed with the Department of
Revenue and Taxation (DOR). A hearing was requested by the applicant upon the receipt by
DOR of a written protest. A hearing was held on May 3, 1994, in accordance with the
Administrative Procedures Act with notice to all parties and protestants. The issues considered
were the applicant's eligibility to hold a permit; the suitability of the proposed business location;
and, the nature of the proposed business activity. The applicant was the sole witness. No
protestants appeared. From the evidence presented at the hearing, I find that the applicant meets
the statutory requirements to hold a beer and wine permit.
FINDINGS OF FACT
The applicant seeks an off-premises beer and wine permit for a grocery and convenience
store at 105 South Main Street, Jefferson, South Carolina, filing an application with DOR,
application no. AI 97013, on December 16, 1993. The location was formerly a convenience store
owned by the Pantry, Inc. which held an off-premises beer and wine permit for seventeen years.
Notice of the time, date, place, and subject matter of the hearing was given to the
applicant, protestants, SLED, and DOR. No protestants were present and no evidence was
presented in opposition to the application at the hearing.
I find that the applicant is over twenty-one years of age, is a citizen of the State of South
Carolina, and has maintained his principal residence in South Carolina for more than one year.
The applicant has not had a permit revoked in the last two years. The applicant, who intends to
be the manager of the business, is of good moral character.
Notice of the application appeared in a newspaper of general circulation in the area of the
proposed location for three consecutive weeks and was posted at the proposed location for fifteen
days. The proposed location and business activity are suitable and proper.
CONCLUSIONS OF LAW
S.C. Code §61-9-320 (Supp. 1993) provides in part:
No permit authorizing the sale of beer or wine may be issued unless:
(1) The applicant, any partner or shareholder, 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 citizen of this State and of the United States and has
been a citizen maintaining his principal residence in South Carolina for at least thirty days prior to
application;
(3) The applicant has not had a beer and wine permit revoked in the last two years;
(4) The applicant is twenty-one years of age or older;
(5) The location of the proposed place business is in the opinion of the department a
proper one. 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 its effective date;
(6) 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;
(7) Notice has been given by displaying a sign for fifteen days at the site of the proposed
business.
A permit must not be issued under S.C. Code §61-3-730 (Supp. 1993) if the applicant is
not a suitable person to be licensed; the place of business is not a suitable place; or a sufficient
number of licenses have already been issued in the State, municipality, or community.
S.C. Code §61-9-340 (Supp. 1993) states that upon a determination that an applicant
meets the criteria set forth above and has not misstated or concealed a fact in the application,
DOR must issue the permit after payment of the prescribed fee.
The applicant meets the requisite standards, no evidence to the contrary being presented.
IT IS THEREFORE ORDERED that DOR issue to the applicant an off-premises beer and
wine permit upon payment of the prescribed fee.
___________________________
STEPHEN P. BATES
Administrative Law Judge
May 4, 1994
Columbia, South Carolina |
