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 off-premises beer and wine permit for Marie Funchess,
d/b/a Whitmore Grocery, 721 Amelia Street, Orangeburg, South Carolina, filed with the Department
of Revenue and Taxation (DOR). A hearing was held on November 2, 1994. The issues considered
were the applicant's eligibility to hold a permit; the suitability of the proposed business location; and
the nature of the proposed business activity. The permit application is granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The applicant seeks an off-premises beer and wine permit for a location at 721 Amelia
Street, Orangeburg, South Carolina, having filed an application with DOR, AI # 99295, on
August 1, 1994.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
applicant, protestants, and DOR.
(3) The hearing was scheduled to begin at 10:00 a.m. on November 2, 1994, however, the
court waited until 10:20 a.m. to insure that all participants were present.
(4) No protestants appeared at the hearing to testify in opposition to the application.
(5) Trinity United Methodist Church filed a written protest to the application with DOR, but
no one from the church attended the hearing nor did anyone on the church's behalf request a
continuance.
(6) The proposed location is a convenience grocery store, operated by the same family for
over thirty (30) years.
(7) The proposed location previously held an off-premises beer and wine permit. A former
owner of the store, Applicant's aunt, did not renew the permit a few years ago while in poor health.
(8) 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) Applicant has not had a permit revoked in the last two years.
(10) Applicant, who intends to be the manager of the business, is 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) 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).
(4) There being no evidence to the contrary presented, the proposed location is suitable and
proper.
(5) Applicant meets the statutory requirements for issuance of a beer and wine permit.
ORDER
IT IS THEREFORE ORDERED that DOR issue to Applicant an off-premises beer and
wine permit upon payment of the prescribed fee and bond.
_____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
November 7, 1994
Columbia, South Carolina |
