ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division
upon application by Randy Eugene Newman for an on-premises beer and
wine permit for South 200 Food Mart located at 2063 Great Falls
Highway in Lancaster. After notice to the parties and protestants,
a hearing was conducted at which the protestant, High Point Free
Will Baptist Church failed to appear.
After the hearing was concluded members of the church appeared
at the Division and expressed confusion over the time of the
hearing. A letter from the pastor of the church was received later
by the Division expressing opposition to the application without
listing any specific concerns other than a need "to stand on our
strong biblical convictions." A petition submitted with the letter
was not admitted into evidence.
Without objection the file of the Department of Revenue and
Taxation (Department) was made a part of the record. A copy was
substituted for the original. Based upon the testimony and
evidence, I make the following:
FINDINGS OF FACT
1. The applicant, Randy Eugene Newman, has been a resident
of this state for forty years and is a citizen of the United
States.
2. Newman is over the age of twenty-one and with the
exception of driving violations, he has no criminal record. He is
a man of good moral character.
3. Newman currently holds another permit from the Department
to sell beer and wine at Johnny's Food Mart. The permit for
Pleasant Dale Grocery recently expired and Newman did not renew it.
In the past he held licenses for retail liquor stores which he
operated for fifteen years. No violations were issued against any
of those permits or licenses.
4. Notice of the application was published in the local
Lancaster newspaper and was posted at the proposed location for the
requisite time period.
5. The proposed location is a convenience store that also
has a short order grill.
6. He seeks an on-premises beer and wine license to compete
with similar stores in the vicinity and because the store had an
on-premises license when he purchased it. The location will be
open every day except Sunday from seven in the morning until ten at
night. These hours are the same hours of operation for his
competitors. Melvin Morgan held the license for this location
which expired two weeks before the hearing.
7. There are no schools or playgrounds in the vicinity of
the store. The High Point Free Will Baptist Church is located at
2105 Great Falls Highway in Lancaster. It protested the
application and received notice of the hearing, but failed to
appear because of its misunderstanding about the time of the
hearing.
CONCLUSIONS OF LAW
1. 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).
2. S.C. Code § 61-9-320 (Supp. 1993) provides the statutory
requirements for this issuance of beer and wine permits. It sets
forth eight criteria before a permit is issued. Applicant has
satisfied all of the criteria.
3. The proposed place of business is a proper one. It is
not located near any schools or playgrounds and the nearest church
is approximately 600 feet away. The location previously was
licensed by the Department for an on-premises beer and wine permit.
The establishment has not had any problems with the local law
enforcement agency.
ORDER
Based upon the Findings of Fact and Conclusions of Law, the
applicant is entitled to an on-premises beer and wine permit. It is
ORDERED that the Department of Revenue and Taxation issue to
the applicant, Randy Eugene Newman an on-premises beer and wine
permit upon the payment of the appropriate fees.
IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
June __, 1994
Columbia, South Carolina |
