SC Administrative Law Court Decisions

This matter is before the Administrative Law Judge Division pursuant to the application of Willie R. Deas, hereinafter referred to as the "applicant", for an on-premise beer and wine permit for the premises located at Rural Route 1, Box 360, Georgetown, South Carolina ("location").

A hearing was held on September 13, 1994, at the Administrative Law Judge Division Hearing Room, Columbia, South Carolina. Notice of the hearing was timely given to the parties and Grady Wilson, Sr., a protestant. The permit application was protested by local residents as to the nature of previous activity at the location. No protestants appeared at the hearing although notice of the hearing was timely given. The applicant, as did Carolyn Deas, testified on behalf of granting the permit.

The permit with restrictions is granted.

The following was placed into evidence:

1. Hearing Notice

2. Application for on-premises beer and wine permit with attached Source of Funds Certification

3. Affidavit of and publication notice in The Georgetown Times

4. SLED investigation report

5. One criminal history report

6. One Department of Motor Vehicles history report

7. Sketch of the location

The applicant testified that he is 42 years of age, has a 6th grade education, is a resident of South Carolina and has been for his entire life. Mr. Deas also stated that he will lease the building from Ms. Florence Smalls, who was previously licensed at the same location. He further stated that he intends to oversee the operation with hours from 10:00 a.m. on Thursday to 1:00 a.m. on Friday, from 10:00 a.m. on Friday to 2:00 a.m. on Saturday, and from 9:00 a.m. on Saturday to 12:00 midnight on Sunday. Mr. Deas acknowledged that he was familiar with ABC laws and regulations and that he would ensure that the club would not open on Sunday, in compliance with those laws and regulations. Mr. Deas will operate the club with the assistance of his wife, Carolyn. The applicant testified that the location is ready for business and that there are two restrooms, one for men and one for women. Mr. Deas also attested to the fact that there are no parks or playgrounds in the vicinity, that the closest school is 2 miles away and the closest church is a mile and a half away.

Mrs. Carolyn Deas, the applicant's wife, also testified. She stated that the club would have one pool table and one video poker machine. She confirmed Mr. Deas testimony in that the club would not operate on Sunday, because that would be in violation of ABC laws and regulations.

FINDINGS OF FACT

Based upon the testimony, the credibility of the witnesses and the evidence presented, I make the following Findings of Fact:

1. This Division has personal and subject matter jurisdiction.

2. The applicant is seeking an on-premise beer and wine permit for a club located at Route 1, Box 360, Georgetown, South Carolina.

3. The club is located in a rural residential area.

4. The applicant is over twenty-one (21) years of age and has not had an application revoked within the two (2) years preceding the date of the filing of this application.

5. Notice of the application has appeared at least once a week for three (3) consecutive weeks in The Georgetown News, a newspaper of general circulation in the local area where the applicant proposes to engage in business.

6. The applicant intends to operate the club from 10:00 a.m. on Thursday to 1:00 a.m. on Friday, from 10:00 a.m. on Friday to 2:00 a.m. on Saturday, and from 9:00 a.m. on Saturday to 12:00 midnight on Sunday.

7. The applicant is of good moral character. In making this determination I considered the Alcohol and Beverage Control criminal history report but was impressed with the sincerity of the applicant and his wife.

8. No protestants were at the hearing.

9. The applicant intends to operate the establishment with his wife, Carolyn Deas.

1. S.C.Code Ann. Section 1-23-600 (Supp. 1993) grants jurisdiction to the Administrative Law Judge Division to hear contested cases under the Administrative Procedures Act.

2. S.C.Code Ann. Section 61-1-55 (Supp. 1993) grants to the Administrative Law Judge Division the powers, duties and responsibilities as a hearing officer in protested and contested matters governing alcoholic beverages, beer and wine.

3. S.C.Code Ann. Section 61-9-320 (Supp. 1993) sets forth the requirements for the issuance of an on-premise beer and wine permit which provides in part:

No permit authorizing the sale of beer or wine may be issued unless:

1. The applicant, any partner or co-shareholder of the applicant, and each agent, employee and servant of the applicant to be employed on the licensed premises, are of good moral character.

2. The retail applicant is a legal resident of the United States and has been a legal resident of this Sate for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date of application.

3. The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.

4. The applicant is twenty-one years of age or older.

5. The location of the proposed place of business of the applicant is in the opinion of the department a proper one. The department may consider, among other factors, as indications of unsuitable location the proximity to residences, schools, playgrounds and churches.

6. Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business.

7. Notice has been given by displaying the required sign for fifteen days at the site of the proposed business.

The applicant meets all the statutory requirements set forth above and has made an adequate showing on each of the above state grounds for issuance of the permit.

4. S.C. Code Ann. §61-9-340 (Supp. 1993) states that upon a determination that an applicant meets the criteria set forth and has not misstated or concealed a fact in the application, the S.C. Department of Revenue and Taxation must issue the permit after payment of the prescribed fee.

Based upon the above Findings of Fact and Conclusions of Law, It is hereby:

1. ORDERED that the application of Willie R. Deas for an on-premise beer and wine permit for the premises located at Route 1, Box 360, Georgetown, South Carolina is granted with the following restrictions:

a. The hours of operation will be from 10:00 a.m. on Thursday to 1:00 a.m. on Friday, from 10:00 a.m. on Friday to 2:00 a.m. on Saturday, and from 9:00 a.m. on Saturday to 12:00 midnight on Sunday.

2. IT IS FURTHER ORDERED that the Department of Revenue and Taxation issue the permit upon payment of the required fees and costs by the applicant.

AND IT IS SO ORDERED.

Marvin F. Kittrell

Chief Administrative Law Judge

Columbia, South Carolina

September 21 , 1994

Any party aggrieved by this Decision and Order may appeal it by filing an appeal with the South Carolina Department of Revenue & Taxation, 301 Gervais Street, P.O. Box 125, Columbia, SC 29201, telephone number 734-0470. In accordance with SC Code Ann. §1-23-610(A) )Supp. 1993), the appeal must be filed within thirty (30) days after receipt of notification of this decision.