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 and business
sale and consumption licnese for 772 Hampshire Drive, Gaffney, South Carolina, by Lori Jones
filed with the South Carolina Department of Revenue and Taxation (hereinafter referred to as
"DOR").
A hearing was held on September 14, 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 and license applications are granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The applicant seeks an on-premises beer and wine permit and business sale and
consumption license for a location at 772 Hampshire Drive, Gaffney, South Carolina, having filed
applications with DOR, AI #98538 and AI #98537, on April 26, 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) Applicant is currently operating the proposed location as a restaurant, primarily and
substantially involved in the preparation and service of meals, and intends to continue as such.
(5) The proposed location is currently and has been previously licensed to sell and serve
alcoholic beverages.
(6) The proposed location is located on a frontage road adjacent to Interstate 85 and is
surrounded by commercial businesses, including another licensed location.
(7) There are no churches, schools, playgrounds, or residences within 500 feet of the
proposed location.
(8) 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.
(9) The applicant has not had a permit/license revoked in the last five years.
(10) The applicant, and her manager, Clyde Green, are 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) S.C. Code Ann. §§ 61-5-50 and 61-3-440 (Supp. 1993) set forth the requirements for
a minibottle license.
(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) As the trier of fact, an administrative law judge is authorized to determine the fitness
or suitability of the proposed business location of an applicant for a permit to sell beer and wine
using broad but not unbridled discretion. Ronald F. Byers v. S.C. ABC Commission, 316 S.E.2d
705 (S.C. App. 1984).
(6) The determination of suitability of a location is not necessarily a function solely of
geography. It involves an infinite variety of considerations related to the nature and operation of
the proposed business and its impact on the community within which it is to be located. Kearney
v. Allen, 287 S.C. 324, 338 S.E. 335 (1985).
(7) The proposed location is suitable and proper, in lieu of the commercial nature of the
area.
(8) Applicant meets the statutory requirements for issuance of a beer and wine permit and
minibottle license.
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 20, 1994
Columbia, South Carolina |
