ORDERS:
AMENDED ORDER AND DECISION
This matter came before the Administrative Law Judge Division
upon the application of Cynthia Hughes on behalf of C.A. Hughes,
Inc. for an on-premises beer and wine permit for the Castles
located at 408-6 Duncan Bypass, Union, South Carolina. After
notice to all the parties, a hearing was conducted on June 8, 1994.
The file of the Department of Revenue and Taxation was made a part
of the record. An objection was raised to the form letters signed
by numerous people as petition letters. This objection will be
addressed in the Findings of Fact. A copy of the file is
substituted for the original. Based upon the preponderance of the
testimony and evidence presented, I make the following:
FINDINGS OF FACT
1. The applicant, Cynthia A. Hughes, is over the age of
twenty-one and has been a resident of South Carolina all of her
life. She is the president and sole shareholder of C.A. Hughes,
Inc. She is a person of good moral character and has never been
convicted of a crime. There are five applications for on-premises
beer and wine permits, some of which may still be pending. At the
time of the hearing, she did not hold any permits from the
Department and has never had any permits suspended or revoked.
2. C.A. Hughes, Inc. owns and/or leases property from which
it plans to operate several deli type restaurants. Castles is
currently a snack bar and gameroom but also sells light groceries.
Handmade crafts also are available for sale. The applicant plans
to remodel the location to make it a deli with eating areas. The
hours of operation are 10:00 a.m. to 2:00 a.m., Monday through
Saturday. The location is in a bi-level strip shopping mall. The
mall has an upper level from which access is gained on the street
level in the front. In the rear of the mall is the lower level
created by the slope in the terrain. The mall has commercial
business oriented establishments. Castles is located on the lower
level. Ample parking is available to any patrons.
3. Castles will employ three people on a full time basis and
at least one person part time. These employees will be trained
regarding the sale and consumption of alcoholic beverages including
beer and wine. Written procedures and guidelines will be developed
to ensure that the employees follow the law.
4. Duncan Bypass is a commercial area leading to
Spartanburg. There are several shopping malls in the area which
include a Winn-Dixie, a Mexican restaurant, Wal-Mart, Bi-Lo, a
Japanese restaurant and other stores. There are several churches
all located within two-tenths to four-tenths of a mile from the
location. None of the churches submitted any protest to the
proposed location. There are no schools or playgrounds in the
vicinity. The city police department is 1.5 miles away. The
police regularly patrol the shopping center where Castles is
located. Residents in the area are shielded by a natural wooded
buffer zone and a creek. Access to this area is from the main
highway and not by any back streets or cross streets.
5. Notice of the application was published in the Union
Daily Times and posted on the premises for the time period
prescribed by law.
6. Numerous letters were signed by people and mailed to the
department to protest this application. With the exception of one
letter written by a resident, all of the letters were from the
businesses located within the strip mall where Castles is located.
The objection by the applicant was that there was no method to
determine whether the letters were signed by patrons of the
businesses or by the employees of the businesses. In fact some
appeared to be signed by persons listing their business as
"retired". The objection raised is a valid one and based upon the
fact that no one appeared at the hearing to testify concerning the
protests after notice had been given, the letters are not allowed.
In addition, because the protestants failed to appear the protests
submitted to the Department are considered abandoned.
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 eight
statutory requirements for this issuance of beer and wine permits.
The applicant meets all eight of the criteria.
3. The applicant meets the statutory requirements for the
issuance of an on-premises retail beer and wine license. The
location is a suitable one. It is located in a commercial area of
Union on the Duncan Bypass where there are several shopping malls,
restaurants and other businesses. It is not in close proximity to
any churches, schools or playgrounds. The corporation will develop
a training program and enforcement policy regarding the sale of
alcoholic beverages. There is adequate police protection.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is
ORDERED, that the applicant, Cynthia A. Hughes and C.A.
Hughes, Inc. are entitled to the issuance of an on-premises retail
beer and wine permit for Castles located on the Duncan Bypass in
Union. The Department shall issue the permit upon the payment of
the appropriate fees.
AND IT IS SO ORDERED.
_________________________
ALISON RENEE LEE
Administrative Law Judge
August __, 1994
Columbia, South Carolina |
