ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division on the application of
Daniel R. Ligon for an on-premises beer and wine permit and a sale and consumption license for a
restaurant called Hunter T's located at 1330 Southport Road, Spartanburg, South Carolina. After
notice to the parties, a hearing was conducted on September 23, 1994. Based upon the testimony
and the evidence presented, I make the following:
FINDINGS OF FACT
1. The applicant is a 38 year old resident of South Carolina. He has no criminal
record other than minor traffic offenses and a hit and run conviction in 1990 which involved no
personal injuries and in which he made restitution for the property damage. He is person of good
moral character.
2. Ligon has never held any beer and wine permits or other licenses for the sale or
consumption of alcoholic beverages and no suspensions or revocations have ever been issued.
The location was previously licensed for the sale and consumption of alcoholic beverages. The
previous licensees operated nightclubs with adult entertainment. The applicant was not connected
to the operation of those establishments. Ligon does have experience in the operation and
management of food services and a bar.
3. Hunter T's is located on 1330 Southport Road in Spartanburg off of the Highway
295-Bypass between Highways 56 and 295 in a commercial area. It is a restaurant and truck stop
that currently is open from 6:30 a.m. to 6:00 p.m. Menus are available and the primary business
will be to serve food and beverages. Ligon is remodeling the location and when complete the
business will operate from 6:30 a.m. until 11:00 p.m. or at the latest 12 midnight.
4. The location is not near any churches or playgrounds. The nearest school is two
miles away. Sherwood Acres is the closest residential area. The nearest resident is Lee Wolff, the
only protestant. His driveway is about 100 yards from Hunter T's.
5. Notice of the application was published in the Spartanburg Herald-Journal and
was posted at the location for the required time period. The applicant also furnished the bond
required by statute.
6. The protestant, Mr. Wolff has numerous complaints beginning with the size and
location of the notice that is required by the statute and regulations. He admits that the applicant
complied with the statute but states that the size and location required by the statute is not
adequate for someone to determine the content without trespassing. The next issued concern was
the source of funds obtained by the applicant. Wolff believes that Ligon received funds from B &
B Amusement, the lessor. According to Wolff, B & B Amusement is affiliated with the previous
licensee whose license was revoked and that B & B Amusement does not own the property
because it was seized by the Internal Revenue Service. Wolff believes that the operation of the
business by Ligon would be a continuation of the former nightclub atmosphere. None of these
allegations are supported by any documentation or other evidence. The Department of Revenue
and Taxation conducted an investigation into the finances of the business, as it does with all
applicants. The agent who conducted the investigation indicated that Ligon had no connection
with the previous owners of the location. Ligon indicated on his sworn application that the
source of any funds for operation of the business other than personal funds would be a small
business loan.
7. Wolff also protests on the basis of the traffic in the area and on slow response time
from the sheriff's department. The highway narrows at the location of Hunter T's from four lanes
of traffic to two lanes. Wolff disputes that trucks would be able to enter and exit Hunter T's
safely. There is no evidence to support this conclusion. Finally, Wolff states from personal
experience that response time by the sheriff's department to alarms at his location was in excess of
twenty minutes. Wolff concedes that response time is contingent upon the location of a deputy or
officer at the time the dispatch is made.
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 of Laws §61-9-320 (Supp. 1993) provides the statutory requirements
for the issuance of beer and wine permits. It states that the location of the proposed place of
business must be a proper one, considering among other factors the location's proximity to
schools, churches, or playgrounds.
3. "Proper location" is not statutorily defined, "rather broad discretion is vested in the
[Division] in determining the fitness or suitability of a particular location". Fast Stops, Inc. v.
Ingram, 276 S.C. 593, 281 S.E.2d 181 (S.C. 1981). This determination of suitability is not
solely a function of geography, but involves an infinite variety of considerations related to the
nature and operation of the proposed business and its impact upon the community where it is to
be situated. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (S.C. 1985); Schudel v. S.C. ABC
Commission, 276 S.C. 138, 276 S.E.2d 308 (S.C. 1981).
4. There is nothing in the evidence presented to show that the location is not a
suitable one. It is not near any churches, schools or playgrounds. The area is predominately
commercial. The location has been licensed in the past. The allegations concerning the traffic and
the police response time were not supported by the weight of the evidence. There was no
documentation or evidence to support the claims that B& B Amusement did not own the property
on which the business is located and no evidence to support claims that Ligon is affiliated with the
previous licensee. The other allegations address the notice requirements of the statute. The
proper forum to address these allegations is the state General Assembly.
5. Section 61-5-50 provides when a license may be granted to a person for the sale
and consumption of alcoholic beverages. There are seven criteria listed, many of which are the
same as for a beer and wine permit. The applicant meets all of the criteria.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, the applicant is
entitled to a beer and wine permit and a sale and consumption license. It is therefore,
ORDERED, that the Department of Revenue and Taxation shall issue to Daniel R. Ligon,
a beer and wine permit and a sale and consumption license for Hunter T's located in Spartanburg,
South Carolina upon the payment of the appropriate fees.
AND IT IS SO ORDERED.
__________________________________
ALISON RENEE LEE
Administrative Law Judge Division
October ____, 1994
Columbia, South Carolina |
