South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Ethel M. Washington, d/b/a Washington's Party Shop vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Ethel M. Washington, d/b/a Washington's Party Shop

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
94-ALJ-17-0108-CC

APPEARANCES:
Ethel M. Washington, (pro se) Applicant

Agent Heyward Ferrell, SLED
 

ORDERS:

ORDER AND DECISION

This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1993) and S.C. Code Ann. §§ 1-23-310, et seq. (Rev. 1986 & Supp. 1993) upon an application for a retail liquor license and on-premises beer and wine permit at 833 Solomon Blatt Avenue, Blackville, South Carolina, by Ethel M. Washington filed with the Department of Revenue and Taxation (hereinafter referred to as "DOR"). A hearing was held on June 20, 1994. The issues considered were: (1) the applicant's eligibility to hold a permit; (2) the suitability of the proposed business location; (3) the nature of the proposed business activity; and (4) the proximity of a church to the proposed location.

An Interlocutory Order was rendered July 13, 1994, instructing the South Carolina Law Enforcement Division (hereinafter referred to as "SLED") to remeasure the distance of the proposed location from a nearby church because the evidence was insufficient to determine the distance. A final order and decision on the applications for the license and permit were held in abeyance pending determination of that distance. SLED Agent Heyward Ferrell submitted to the Court on July 28, 1994, a hand- drawn map indicating the distance of the church from the proposed location using the proper method of measurement and a photograph of the church. Now that the record is complete, the permit and license applied for are hereby granted.

FINDINGS OF FACT

By a preponderance of the evidence, I find these facts:

(1) The applicant seeks a retail liquor license and on-premises beer and wine permit for a location at 833 Solomon Blatt Avenue, Blackville, South Carolina, having filed applications with DOR, AI #98083 and #98100, on April 5, 1994.

(2) Notice of the time, date, place, and subject matter of the hearing was given to the applicant, protestants, SLED, and DOR.

(3) The proposed location is within the municipal boundaries of the Town of Blackville.

(4) Agent Heyward Ferrell of the SLED Alcohol Enforcement Unit appeared at the hearing and testified, though not as a protestant. Agent Ferrell conducted the background investigation on the applications and raised the issue of whether the proposed location was more than three hundred (300') feet from Ebenezer Church of God.

(5) Pursuant to the Interlocutory Order issued by this Court on July 13, 1994, Agent Ferrell remeasured the distance between the proposed location and Ebenezer Church of God and submitted a map indicating the locations and distances of the buildings in question. The map is hereby admitted as an exhibit of the Court (Court Exhibit #1), incorporated into the record, attached hereto and made part of this Order.

(6) The entrance to the grounds of Ebenezer Church of God is three hundred fifty (350') feet from the proposed location, computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare.

(7) No church, school, or playground is within five hundred (500') feet of the proposed location.

(8) Applicant is over twenty-one years of age, is a citizen of the State of South Carolina, and has maintained her principal residence in South Carolina for more than one year.

(9) Applicant has not had a permit/license revoked in the last five years.

(10) Applicant is of good moral character.

(11) 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.

CONCLUSIONS OF LAW

Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:

(1) S.C. Code Ann. § 61-1-55 (Supp. 1993) provides that the South Carolina Administrative Law Judge Division is empowered to hear this case pursuant to Chapter 23 of Title I of the 1976 Code, as amended.

(2) S.C. Code Ann. § 61-9-320 (Supp. 1993) provides the criteria to be met by an applicant for a beer and wine permit in South Carolina.

(3) DOR is authorized to issue retail liquor licenses under the provisions of S.C. Code Ann. § 61-3-410(3) (Supp. 1993).

(4) A permit or license must not be issued if an applicant does not meet the standards of S.C. Code Ann. § 61-3-730 (Supp. 1993).

(5) S.C. Code Ann. § 61-3-440 (Supp. 1993) dictates that a retail liquor store located within a municipality must be a minimum of three hundred (300') feet from any church, school, or playground.

(6) 23 S.C. Code Ann. Regs. 7-11 (1976) provides the method for measuring the distances referred to in § 61-3-440.

(7) No schools, churches, or playgrounds are within the prescribed proximity to render the proposed location unsuitable.

(8) Applicant meets the statutory requirements for issuance of a beer and wine permit and retail liquor license.

(9) S.C. Code Ann. § 61-3-425 (Supp. 1993) provides that prior to issuance of a license authorized under Title 61, an applicant must provide signed statements from the Internal Revenue Service and DOR showing the applicant does not owe any state or federal taxes, penalties, or interest.









ORDER

IT IS THEREFORE ORDERED that DOR issue to Applicant an on-premises beer and wine permit and retail liquor license upon payment of the prescribed fee and bond and submission of the applicable tax information.

___________________________

STEPHEN P. BATES

Administrative Law Judge

August 3, 1994

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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