ORDERS:
ORDER AND DECISION
This matter came before the Administrative Law Judge Division
on the application of Harvey Branham, Jr. for an on-premises beer
and wine permit for his campground store located on Dolan Road in
Liberty Hill, South Carolina. The parties stipulated that the
applicant is qualified for the license and that the location of the
store is a suitable. The sole question presented at the hearing on
June 8, 1994 is whether the building is required to have rest room
facilities inside where the beer and wine are sold.
FINDINGS OF FACT
The facts are undisputed and the parties stipulated that the
applicant meets the statutory requirements for the permit to be
issued. The location is a 4.55 acre public campground with 38
sites available for rent. The public bathhouse has facilities for
men and women each containing showers and adequate toilets. The
bath house is located in the middle of the campsite approximately
500 feet from the convenience store where the beer and wine would
be sold. It takes approximately three to four minutes to walk from
the store to the bath house. The bath houses are checked for
cleanliness at least twice a day.
The convenience store sells tackle and bait, oil, and food.
The building is twenty feet by twenty-four feet and does not have
any space inside to eat or drink. On the outside of the building
are several decks leading to the dock and lake. Most patrons eat
on these decks. No rest rooms are located inside the store except
the one used by the employees for sanitation in connection with the
preparation of food. The Department of Health and Environmental
Control prohibits the use of this rest room by the general public
because it is used by the employees for sanitation purposes. The
building meets all of the required statutes and ordinances to
operate in Kershaw County.
In the investigation conducted by the Department of Revenue
and Taxation, one of the questions for an on-premise beer and wine
permit is whether the building "has a functioning rest room
available to customers." The applicant argues that the public
bathhouse is available to the customers. The Department argues
that to prevent public urination and other nuisances the building
must be equipped with a functioning rest room for its customers if
it is to be licensed for on-premises consumption.
CONCLUSIONS OF LAW
The factual determination of whether or not an application is
granted or denied rests in the sound discretion of the body or
official to whom the duty is issued; and is usually the sole
prerogative of the executive agency charged with rendering that
decision. Palmer v. S.C. ABC Commission, 282 S.C. 246, 317 S.E.2d
476 (Ct. App. 1984). In South Carolina, the authority to grant all
licenses and permits relating to alcoholic beverages rests with the
Administrative Law Judge Division. Section 61-1-55, S.C. Code of
Laws (Supp. 1993).
The issue presented in this case is a novel one. There are no
statutory requirements that the licensed location be equipped with
rest room facilities. Section 61-9-320 states that "location of
the proposed place of business of the applicant is in opinion of
the department a proper one." The Department requires that any
location applying for an on-premise license for the sale or
consumption of any type of beverage containing alcohol must have a
functioning rest room available to the public. With the exception
of public festivals, fairs and other events of a temporary nature,
it is reasonable to expect that rest rooms would be located inside
the building where the sale or consumption will take place.
The lack of adequate facilities may not create a problem in
rural areas but within more urban areas the lack of facilities
inside the building could lead to actions creating a public
nuisance such as public urination. The lack of facilities, whether
in the city or the country, may also lead to health and environment
issues. The Department's requirement is therefore a reasonable
one.
The location of facilities 500 feet and approximately a three
to four minute walk from the store is not adequate for the issuance
of an on-premise beer and wine license. The applicant may wish to
investigate the possibility of installing a separate wash lavatory
(sink) for use by the employees to satisfy DHEC requirements thus
allowing the rest rooms inside the building for public use. If no
feasible alternative is available then, the license can not be
issued.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is
ORDERED that the Wateree Lake Convenience Store must have
adequate functional rest room facilities available for public use
inside the building before an on-premise beer and wine license may
be issued. Until suitable facilities are available as provided in
this Order, the application of Harvey Branham, Jr. is DENIED.
______________________________
ALISON RENEE LEE
Administrative Law Judge
June __, 1994
Columbia, South Carolina |
