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 a renewal application for an on-premises beer and wine permit for Route 2, Farmer Lane,
Cottageville, South Carolina, by Andrea W. Stegall, d/b/a Stegall Feed, Seed, Lawn & Garden filed
with the Department of Revenue and Taxation (DOR). A hearing was requested by the applicant for
the purpose of considering the removal of a restriction on the permit. A hearing was held on Friday,
May 6, 1994, in accordance with the Administrative Procedures Act with notice to all parties and
protestants. The issue considered was the removal of a restriction on the permit that the business
close no later than 7:00 p.m. each day. The applicant was the sole witness. No protestants appeared.
From the evidence presented at the hearing, I find that the removal of the restriction would not
adversely effect the surrounding community and order that the renewal permit be issued with no
restrictions.
FINDINGS OF FACT
The applicant seeks the renewal of an on-premises beer and wine permit, BW 418043, with
the removal of a 7:00 closing time restriction for Stegall Feed, Seed, Lawn & Garden, a country store
at Route 2, Farmer Lane, Cottageville, South Carolina, having filed a renewal application with DOR
on January 27, 1994.
Applicant was originally issued an on-premises beer and wine permit after a hearing on a
protested application on December 15, 1992. The ABC Commission issued the permit with the
restriction that the establishment be closed each day at 7:00 p.m. The Applicant agreed in writing to
the stipulation, pursuant to ABC Regulation 7-88.
Applicant testified that Cottageville is a small rural community with no public place for
residents to socialize other than her feed and seed store. While the primary business of the location
is the retail sale of farm and garden supplies, local residents have adopted the location as a community
meeting place. Families congregate at the store, even organizing informal covered dish meals. She
testified that it is a family oriented setting with whole families, including small children, often present.
She has received no complaints about the business since the issuance of the permit.
Applicant intends to operate the store for business Monday through Thursday 9:00 a.m.-9:00
p.m., and Friday and Saturday 9:00 a.m.-12:00 midnight.
Notice of the time, date, place, and subject matter of the hearing was given to the applicant,
previous protestants, SLED, and DOR. No protestants were present at the hearing and no evidence
was presented in opposition to the renewal application or the removal of the restriction.
I find that the removal of the 7:00 p.m. closing restriction on the permit will not adversely
effect the surrounding community and that the applicant continues to meet the standards for the
issuance of a beer and wine permit.
CONCLUSIONS OF LAW
S.C. Code §61-9-320 (Supp. 1993) provides the criteria to be met for the issuance of a beer
and wine permit. 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.
The applicant was found to meet the requisite standards for the issuance of a beer and wine
permit at the December 15, 1992 hearing. No evidence to the contrary being presented at this
hearing, she is presumed to continue to meet the requisite standards.
The original permit was issued with a restriction by agreement of the applicant pursuant to
ABC Regulation 7-88, which reads:
Any stipulation and/or agreement which is voluntarily entered into by an applicant for
a beer and wine permit between the applicant and the South Carolina Alcoholic Beverage
Control Commission, if accepted by the Commission, will be incorporated into the basic
requirements for the enjoyment and privilege of obtaining and retaining the beer and wine
permit and which shall have the same effect as any and all laws and any and all other
regulations pertaining to the effective administration of beer and wine permittees.
In the event that evidence is presented to this Commission that any part of the
stipulation or agreement is or has been knowingly broken by the permittee will be a violation
against the permit and shall constitute sufficient grounds to suspend or revoke said beer and
wine permit.
Effective July 1, 1993, the Alcoholic Beverage Control (ABC) Commission ceased to exist.
S.C. Code § 1-30-95 (Supp. 1993) transferred the administrative duties of the former ABC
Commission to DOR. S.C. Code §61-1-55 (Supp. 1993) provides that the South Carolina
Administrative Law Judge Division is empowered to conduct and decide all hearings previously heard
by the former ABC Commission pursuant to Chapter 23 of Title I of the 1976 Code, as amended.
Permits issued by the State for the sale of beer and wine are not rights or property. They are
privileges granted in the exercise of the police power of the state to do what otherwise would be
unlawful to do and to be used and enjoyed only so long as the restrictions and conditions governing
them are complied with. As the tribunal authorized to grant the issuance of a permit is also
authorized, for cause, to revoke it, so is that tribunal authorized to remove restrictions or conditions
it has placed on the permit. See Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E.2d
22 (1943).
The applicant having met the burden of showing that the removal of the restriction would not
adversely effect the surrounding community nor render the location or business activity unsuitable
or improper, no evidence to the contrary being presented, it is concluded that the renewal should be
granted and the 7:00 p.m. closing restriction removed.
IT IS THEREFORE ORDERED that DOR issue to the applicant a renewed on-premises beer
and wine permit without the 7:00 p.m. closing restriction or any other stipulation upon payment of
the prescribed fee.
___________________________
STEPHEN P. BATES
Administrative Law Judge
May 11, 1994
Columbia, South Carolina |
