ORDERS:
ORDER AND DECISION
This matter came before the Administrative Law Judge Division upon the application of
Frances F. Milford for an on-premises beer and wine permit for Club Lexus located at 2901 N. 52
Highway, Bonneau, South Carolina. After notice to all the parties, a hearing was conducted on
September 21, 1994. The sole protestant Reverend Fred Garnett, pastor of Good Shepherd Church
failed to appear at the hearing and the protest is deemed abandoned. The file of the Department of
Revenue and was made a part of the record. Based upon the preponderance of the testimony and
evidence presented, I make the following:
FINDINGS OF FACT
1. The applicant, Frances F. Milford, is over the age of twenty-one and has been a
resident of South Carolina all of her life. She is a person of good moral character and has never been
convicted of a crime. No permits or licenses to sell beer and wine or alcoholic beverages have ever
been issued to the applicant.
2. The applicant leases the property from which she plans to operate a snack bar and
night club. The club currently serves food and has been operating since December 1993. The hours
of operation are Thursday, 6:00 p.m. to 12:30 a.m.; Friday, 8:00 p.m. to 2:00 a.m.; Saturday,
6:00 p.m. to midnight. The club is closed on Sunday through Wednesday.
3. The Good Shepherd Church is located across the street from Club Lexus. The map
drawn by the special agent investigating the application measured the distance at 175' from the door
of Club Lexus to the entrance of the driveway of the church. The written protest by the Church is
based upon the activity of the previous operator of the location.
4. The previous occupant of the location operated a club called "Club Soul Child".
Suspected illicit drug activity in the location conducted by the operator caused problems in the
vicinity and ultimately lead to closing the location. The applicant, Mrs. Milford was not affiliated
with that establishment. Prior to the applicant opening the club in December 1994, it was an
abandoned building that had not been used or occupied for at least ten (10) years.
5. There is adequate police protection provided by the Berkeley County Sheriff
Department. The club has not had any problems with law enforcement.
6. Notice of the application was published in the Berkeley Independence and posted
on the premises for the time period prescribed by law.
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 eight (8) statutory requirements for
the issuance of beer and wine permits. The applicants meets all eight (8) criteria.
3. The location is a suitable one. It is located on a major highway in a mostly rural area.
It is not in close proximity to any schools or playgrounds. The church did not appear at the hearing
to pursue its protest of the application and therefore its protest is deemed abandoned.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is
ORDERED, that the applicant, Francis F. Milford is entitled to the issuance of an on-premises beer and wine permit for Club Lexus located at 2901 N. 52 Highway in Bonneau. The
Department shall issue the permit upon the payment of the appropriate fees.
AND IT IS SO ORDERED.
__________________________________
ALISON RENEE LEE
Administrative Law Judge
September _____, 1994
Columbia, South Carolina |
