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. (Rev. 1986 & Supp. 1993) upon applications for an on-premises beer and
wine permit and retail liquor license for 1118 Cannon Bridge Road, Cordova, South Carolina,
filed by Mary L. McLemore with the South Carolina Department of Revenue and Taxation
(hereinafter referred to as "DOR"). A hearing was held on November 29, 1994. The issues
considered were: (1) the applicant's eligibility to hold a permit; (2) the suitability of the proposed
business location; and (3) the nature of the proposed business activity. Although timely notice
had been given, no protestants appeared at the hearing. The permit and license applications are
granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The applicant seeks an on-premises beer and wine permit and retail liquor license for a
location at 1118 Cannon Bridge Road, Cordova, South Carolina, having filed applications with
DOR, AI #98515 and AI #98517.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
applicant and protestants (by certified mail) and DOR.
(3) The hearing was scheduled to commence at 9:00 a.m., November 29, 1994.
At 9:18 a.m., the hearing began.
(4) No protestants were present at the hearing to testify in opposition to the application,
though Ms. Nancy Hutto had previously filed a written protest to the applications. Ms. Hutto
made no contact with the Court to request a continuance and did not inform the Court that she
would not appear.
(5) Applicant intends to operate the seafood shop and adjoining liquor store.
(6) The proposed location was previously licensed as a retail liquor store and bait and
tackle shop selling beer and wine for on-premises consumption under the name of Sonny's, until it
closed in 1992.
(7) The proposed location is located in rural Orangeburg County
(8) There are no churches, schools, or playgrounds within 500 feet of the proposed
location.
(9) The 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.
(10) The applicant has not had a permit/license revoked in the last five years.
(11) The applicant is of good moral character.
(12) 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) S.C. Code Ann. §§ 61-3-410(3), 61-3-420, and 61-3-440 (Supp. 1993) set forth the
requirements for a retail liquor licensee.
(4) 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).
(5) As the trier of fact, an administrative law judge is authorized to determine the fitness
or suitability of the proposed business location of an applicant for a permit to sell beer and wine
using broad but not unbridled discretion. Ronald F. Byers v. S.C. ABC Commission, 316 S.E.2d
705 (S.C. App. 1984).
(6) The determination of suitability of a location is not necessarily a function solely of
geography. It involves an infinite variety of considerations related to the nature and operation of
the proposed business and its impact on the community within which it is to be located. Kearney
v. Allen, 287 S.C. 324, 338 S.E.2d 335 (1985).
(7) The proposed location is suitable and proper, in light of the past history of a similar
business operating at the same location without evidence of incident or nuisance.
(8) Applicant meets the statutory requirements for issuance of a beer and wine permit and
retail liquor license.
(9) Protestant's failure to appear constitutes default under Rule 23 of the Temporary
Operating Procedures of the Administrative Law Judge Division.
ORDER
IT IS THEREFORE ORDERED that DOR issue to Applicant an on-premises beer and
wine permit and retail liquor license upon payment of the prescribed fee and bond.
_____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
November 29, 1994
Columbia, South Carolina |