South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

Michael A. Lake d/b/a Lake's Exxon vs. SCDOR

South Carolina Department of Revenue

Michael A. Lake d/b/a Lake's Exxon

South Carolina Department of Revenue

Michael A. Lake, pro se for Applicant



This matter comes before the Administrative Law Judge Division upon application by Michael Lake for an off-premises beer and wine permit for Lake's Exxon Station located at Highway 41 and 17-A in Jamestown. After notice to the parties and protestants, a hearing was conducted at which the protestant, Evelyn G. Lake and her husband failed to appear.

Without objection and a copy of the file of the Department of Revenue and Taxation (Department) was made a part of the record. Based upon the testimony and evidence, I make the following:


1. The applicant, Michael A. Lake, has been a resident of this state for over forty-five years and is a citizen of the United States.

2. Lake is over the age of twenty-one and has no criminal record. He is a person of good moral character.

3. He has never had a beer and wine permit or any other type of alcoholic beverage permit.

4. Notice of the application was published in the Charleston News and Courier and was posted at the proposed location for the requisite time period.

5. The proposed location is primarily a gas station and convenience store.

6. The applicant seeks an off-premises beer and wine license to boost the sales of the store. The store is open Monday through Saturday from five-thirty in the morning until nine-thirty at night. On Sunday, the store opens at 1:30 p.m.

7. There are no churches, schools or playgrounds in the vicinity of the store.

8. The applicant's wife and brother would assist in operating the store. They are over the age of 21, have no convictions and have never held licenses to sell beer and wine. At some future point additional people will be employed. They will be trained regarding the sale of alcoholic beverages.

9. The applicant's parents have operated this Exxon since 1949. It was recently remodeled. Mr. and Mrs. Lake protest the sale of beer and wine strictly on moral grounds. They failed to appear at the hearing and their protest is deemed abandoned.


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 § 61-9-320 (Supp. 1993) provides the statutory requirements for this issuance of beer and wine permits. It sets forth eight criteria before a permit is issued. Applicant has satisfied all of the criteria.

3. The proposed place of business is a proper one. It is not located near any churches, schools or playgrounds.


Based upon the Findings of Fact and Conclusions of Law, the applicant is entitled to an

off-premises beer and wine permit. It is

ORDERED that the Department of Revenue and Taxation issue to the applicant, Michael A. Lake, an off-premises beer and wine permit upon the payment of the appropriate fees.




Administrative Law Judge

September 15, 1994

Columbia, South Carolina

Brown Bldg.






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