ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division
for a hearing on the application of Jimmy L. Martin, Jr. for a
retail liquor license for 805 Huger Street in Columbia. The
applicant requested a hearing upon notice from the Department of
Revenue and Taxation (department) of its receipt of a protest. The
hearing was scheduled for May 11, 1994 after notice to the parties
pursuant to the Administrative Procedures Act. No one appeared at
the hearing to protest the application. Without objection by the
applicant, the file of the Department was incorporated into the
record and a copy substituted for the original. Based upon the
evidence in this case, applicant is granted the retail liquor
license.
FINDINGS OF FACT
Applicant is a 33 year old resident of the state who, along
with his brother Tanner Martin, controls Buster's Inc. corporation.
The corporation is purchasing a retail liquor store located at 805
Huger Street in Columbia that was operated as Refine's Fine
Liquors. The sale of the business is complete with the exception
of obtaining the required license to sell alcoholic liquors. An
application was made to the department on February 7, 1994.
The business is located in a commercial area of Columbia in
the city limits. It is not near any churches, playgrounds or
schools. Applicant would manage the store continuing its current
status as a liquor store. He has licenses and operates other liquor
stores in the Columbia area. None of them have experienced any
violations.
At least two prior applications had been made by applicant for
this location which he states were denied because he failed to
appear at a hearing. The reasons given by the applicant were for
personal emergencies. There is no evidence to show the
applications were denied for other reasons.
Applicant posted a bond as required by S.C. Code § 61-3-540
and is of good moral character and repute. 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.
I find that the applicant and the proposed location meet the
statutory requirements for the issuance of a retail liquor license.
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 (Cum. Supp.
1993). The sole and exclusive power to grant a retail license in
a contested and protested matter is with the administrative law
judge. S.C. Code of Laws § 61-3-410 (Cum. Supp. 1993).
Section 61-3-420 lists the criteria for determining when a
person who will have actual control and management of the proposed
business is ineligible for a retail license. To be eligible, a
person must be 21 years of age; a legal resident for at least
thirty days before the date of the application; of good repute; or
must not have had a license for the sale of alcoholic liquors
revoked in the five years preceding the application. Petitioner
meets these requirements.
In addition, no new licenses may be granted if the place of
business is within three hundred feet of any church, school, or
playground situated within a municipality. S.C. Code of Laws §
61-3-440 (Cum. Supp. 1993). The proposed location is not within
proximity to any of these structures.
A license must not be issued under S.C. Code § 61-3-730 (Cum.
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. There is no evidence to suggest
that a sufficient number of licenses have been issued in Columbia,
Richland County or in this particular community. No one appeared
to protest the issuance of the license after having received notice
of the hearing.
THEREFORE, I conclude that the petitioner is entitled to a
retail liquor license to operate a store at the proposed location.
Upon payment of the requisite fee, the Department shall issue a
license to the petitioner.
AND IT IS SO ORDERED.
________________________
ALISON RENEE LEE
Administrative Law Judge
Columbia, South Carolina
May __, 1994 |
