ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1993) and
§ 1-23-310, et seq., upon an application for an on-premises beer and wine permit for 3136 Tom
Drive, Darlington, South Carolina, by Azzine Whitfield filed with the South Carolina Department
of Revenue and Taxation (hereinafter referred to as "DOR").
A hearing was held on September 7, 1994. The issues considered were: (1) the
applicant's eligibility to hold a permit; (2) the suitability of the proposed business location; and
(3) the nature of the proposed business activity. Although timely notice had been given, no
protestants appeared at the hearing. The permit application is granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The applicant seeks an on-premises beer and wine permit for a location at 3136 Tom
Drive, Darlington, South Carolina, having filed an application with DOR, AI #98743, on May 18,
1994.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
applicant, protestants, and DOR.
(3) No protestants were present to testify in opposition to the application at the hearing.
(4) Mr. Danny Wainwright filed a written protest to the application with DOR, but
informed this Court that he would not attend the hearing the day prior to the scheduled hearing
date.
(5) The 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.
(6) The applicant has not had a permit revoked in the last two years.
(7) The applicant, who intends to be the manager of the business, is of good moral
character.
(8) 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) 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).
(4) The proposed location is suitable and proper.
(5) Applicant meets the statutory requirements for issuance of a beer and wine permit.
ORDER
IT IS THEREFORE ORDERED that DOR issue to Applicant an on-premises beer and
wine permit upon payment of the prescribed fee and bond.
_____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
September 14, 1994
Columbia, South Carolina |
