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 on-premises beer and wine permit for 920 Howard Street,
Spartanburg, South Carolina. A hearing was requested by the applicant upon the receipt by DOR
of a written protest. A hearing was held on May 4, 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 on-premises beer and wine permit for a bar at 920 Howard Street,
Spartanburg, South Carolina, filing an application with DOR, application no. AI 97175, on January
5, 1994. The location was or has been a bar for the last fifty years, although it has been vacant since
December, 1993. The applicant currently holds another beer and wine permit at another location.
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
A judge of the Administrative Law Judge Division is authorized to hear this case pursuant to
S.C. Code §61-1-55 (Supp. 1993) and §1-23-310 et seq.
S.C. Code §61-9-320 (Supp. 1993) provides the criteria an applicant must meet for the
issuance of a beer and wine permit.
S.C. Code §61-3-730 (Supp. 1993) provides further standards for issuance or denial in
permit/license cases.
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 on-premises beer and
wine permit upon payment of the prescribed fee.
___________________________
STEPHEN P. BATES
Administrative Law Judge
May 24, 1994
Columbia, South Carolina |
