ORDERS:
ORDER AND DECISION
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:
FINDINGS OF FACT
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.
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 § 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.
ORDER
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.
IT IS SO ORDERED.
__________________________________
ALISON RENEE LEE
Administrative Law Judge
September 15, 1994
Columbia, South Carolina |
