ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division for a hearing on the
application of Cora C. Warren for a retail liquor license for 1276 B Red Bank Road in Goose
Creek, South Carolina. The applicant requested a hearing upon notice from the Department of
Revenue and Taxation (Department) of its receipt of a protest. The hearing was scheduled for
October 12, 1994 after notice to the parties pursuant to the Administrative Procedures Act. No
one appeared at the hearing to protest the application. The file of the Department was
incorporated into the record and a copy substituted for the original. Based upon the evidence in
this case, applicant is granted the retail liquor license.
FINDINGS OF FACT
Applicant is a 45 year old resident of the state who is purchasing a retail liquor store
located at 1276 B Red Bank Road in Goose Creek that was operated as Walker's Liquor Store.
Mrs. Theresa Walker has been operating the liquor store for 2½ years following the death of her
husband who operated the store for six (6) years. The sale of the business is complete with the
exception of obtaining the required license to sell alcoholic liquors. An application was made to
the Department in July, 1994.
The business is located in a commercial area of Goose Creek in the city limits. It is not
near any churches, playgrounds or schools. Applicant would manage the store continuing its
current status as a liquor store. She does not hold any licenses and has never had any violations.
Applicant posted a bond as required by S. C. Code § 61-3-540 and is of good moral
character and repute. Notice of the application appeared in the Goose Creek Gazette for three
consecutive weeks, and was posted at the proposed location for fifteen (15) days.
I find that the applicant and the proposed location meet the statutory requirements for the
issuance of a retail liquor license.
CONCLUSIONS OF LAW
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 (Cum. Supp.1993). The
sole and exclusive power to grant a retail license in a contested and protested matter is with the
administrative law judge. S.C. Code of Laws § 61-3-410 (Cum. Supp. 1993).
Section 61-3-420 lists the criteria for determining when a person who will have actual
control and management of the proposed business is ineligible for a retail license. To be eligible, a
person must be 21 years of age; a legal resident for at least thirty (30) days before the date of the
application; of good repute; or must not have had a license for the sale of alcoholic liquors
revoked in the five (5) years preceding the application. Applicant meets these requirements.
In addition, no new licenses may be granted if the place of business is within three hundred
feet of any church, school, or playground situated within a municipality. S.C. Code of Laws § 61-3-440 (Cum. Supp. 1993). The proposed location is not within proximity to any of these
structures.
A license must be not be issued under S.C. Code § 61-3-730 (Cum. Supp. 1993) if the
applicant is not a suitable person to be licensed; the place of business is not a suitable place; or a
sufficient number of licenses have already been issued in the state, municipality, or community.
There is no evidence to suggest that a sufficient number of licenses have been issued in Goose
Creek, Berkeley County or in this particular community. No one appeared to protest the issuance
of the license after having received notice of the hearing and the protest are deemed abandoned.
ORDER
Based upon the Findings of Fact and Conclusions of Law, the applicant is entitled to a
retail liquor license to operate a store at the proposed location. It is therefore,
ORDERED, that the Department of Revenue and Taxation shall issue a retail liquor
license to Cora C. Warren for the liquor store located at 1276 B Red Bank Road in Goose Creek,
South Carolina upon payment of the requisite fee.
AND IT IS SO ORDERED.
____________________________
ALISON RENEE LEE
Administrative Law Judge
October ____, 1994
Columbia, South Carolina |