ORDERS:
ORDER AND DECISION
This matter came before the Administrative Law Judge Division
on the application of Napoleon Johnson for an off-premises beer and
wine permit for his grocery store located on 2529 Millwood Avenue
in Columbia. The sole issue presented at the hearing on May 11,
1994 is whether the applicant's wife, Earline Johnson is a person
of suitable character to be employed in the business. Based upon
the evidence presented I make the following:
FINDINGS OF FACT
Napoleon Johnson has been a resident of South Carolina since
1985. He is fifty-three years old and operates a food mart grocery
type store on Millwood Avenue in Columbia. The business is
operated seven days a week from seven in the morning until seven-thirty in the evening. No one else works in the store with
Johnson. His wife has other employment on a full-time basis. When
Johnson is not able to work his wife works in the store on the cash
register. There is only one cash register in the store. The only
time his wife works in the store is when Johnson has medical
appointments. If his wife is not able to assist in the store
during these times, then the store is closed.
There is no evidence to indicate that the location of the
store is in close proximity to any schools, churches, or
playgrounds. No one from the neighborhood appeared to protest the
issuance of the license. Notice of the application was published
in a newspaper of general circulation in the area. The file of the
Department of Revenue and Taxation was made a part of the record
without objection.
A review of the file indicates that Earline Johnson has a
number of convictions from 1991 to 1993 for fraudulent checks.
Most of the offenses occurred in 1993. Earline Johnson did not
testify but her husband, the applicant, testified that the checks
were related to her personal account and were connected with the
business in any manner. Earline Johnson continues to work for her
husband in the business as needed and the problems with the checks
has not caused the applicant any concern so as to prohibit her from
handling funds in the business.
CONCLUSIONS OF LAW
The Administrative Law Judge Division is vested with the
powers, duties and responsibilities exercised by the former
Alcoholic Beverage Control Commission and hearing officers pursuant
to Chapter 23 of Title 1. S.C. Code of Laws § 61-1-55 (Supp.
1993). S.C. Code § 61-9-320 (Supp. 1993) provides the statutory
requirements for this issuance of beer and wine permits. It states
in part:
No permit authorizing the sale of beer or wine
may be issued unless:
(1) The applicant, any partner or 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.
... .
S.C. Code § 61-9-320 (6) (Supp. 1993).
There is no single criterion or standard for determining the
meaning of the term "good moral character" and the licensing
authority must judge whether the acts and conduct shown are
sufficient in themselves or as an index to character to disqualify
an applicant. 1969 Atty. Gen. Op. 2709 at 160; 48 C.J.S.
Intoxicating Liquors § 135 (b) at 243. A liquor license may be
refused a person who has been convicted of a crime or crimes,
particularly a violation of the liquor laws. Wall v. S.C. ABC
Commission, 269 S.C. 13, 235 S.E.2d 806 (S.C. 1977). The Division
would not be justified in refusing a license based simply upon a
"moral appraisal", or because the previous misconduct is not
relevant to the conduct of the business for which the license is
sought. 1969 Atty. Gen. Op. 2709 at 160.
Although, Mrs. Johnson's convictions for fraudulent checks
reflect on "moral turpitude" because they involve an element of
fraud [See State v. Harrison, 298 S.C. 333, 380 S.E.2d 818 (S.C.
1989)], the convictions do not sufficiently affect the operation of
a business that sells beer and wine for off-premises consumption so
as to prohibit Mrs. Johnson's employment on a casual basis.
The applicant is satisfied that Mrs. Johnson's presence at the
location to fill in during his absence would not create a problem
in the sale of beer and wine. There is no reason to believe that
her employment would adversely affect the sale of beer and wine.
There is no evidence to suggest that convictions for fraudulent
checks would adversely affect Mrs. Johnson's ability to comply with
the laws regarding the sale of beer and wine.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is
ORDERED, that the application for an off-premises beer and
wine permit by Napoleon Johnson be GRANTED.
IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
June __, 1994
Columbia, South Carolina |
