ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Division pursuant to the
application of Vitthalbhai H. Patel, d/b/a Fast Point Food Store, hereinafter referred to as
the "applicant", for an on-premise beer and wine permit for the premises located at 501
Greenville Street, Abbeville, South Carolina ("location").
A hearing was held on November 18, 1994, at the Spartanburg County Courthouse,
East Courtroom, Spartanburg, South Carolina. Notice of the time, place and nature of the
hearing was timely given to the parties and Lee and Ginger Williamson, protestants. The
permit application was protested on moral grounds. Neither protestant appeared at the
hearing nor was the Respondent, South Carolina Department of Revenue and Taxation
(hereafter referred to as the "Department") represented at the hearing. The applicant
testified on behalf of granting the permit and he was accompanied to the hearing by Charles
Powell, his landlord.
The permit is granted.
EXHIBITS
Without objection, those portions of the South Carolina Department of Revenue
and Taxation's file ("Department") as set forth hereafter were made a part of the record:
1. Application for on-premises beer and wine permit with attached Source of
Funds Certification
2. Affidavit of and publication notice in The Abbeville Press and Banner
3. SLED investigative report
4. Criminal history report
5. One Department of Motor Vehicles history report
6. Protest letter of Lee and Ginger Williamson
SUMMARY OF THE EVIDENCE
The applicant testified that he is 49 years old, is a resident of Spartanburg County,
South Carolina, where he has lived for the past 20 years. He further testified that he has
never had a license revocation but has had one license suspension due to a sale to a
minor. He testified that he owns ten or more Fast Point Food Stores ("convenience
stores") and has off-premise beer and wine permits for almost all of the stores.
As to the training of employees in ABC rules, he stated it consists of five days,
part of which consists of playing a video tape purchased from the ABC Section of the
Department and part of which is training in the correct procedure to check "ID's".
He stated that the location had an off-premise beer and wine permit for the past 20
years.
FINDINGS OF FACT
Based upon the testimony, the credibility of the witnesses and the evidence presented,
by a preponderance of the evidence, I make the following Findings of Fact:
1. This Division has personal and subject matter jurisdiction.
2. The applicant is seeking an off-premise beer and wine permit for a convenience
store located at 501 Greenville Street, Abbeville, South Carolina.
3. The store is located in a residential area inside the city limits of Abbeville,
South Carolina.
4. The applicant is over twenty-one (21) years of age and has not had an
application revoked within the two (2) years preceding the date of the filing of this
application.
5. Notice of the application has appeared at least once a week for three (3)
consecutive weeks in The Abbeville Press and Banner, a newspaper of general circulation
in the local area where the applicant proposes to engage in business and was posted at the
location for fifteen (15) days.
6. The applicant is of good moral character.
7. The location has had an off-premise beer and wine permit for the last 20 years
without any violations.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude as a matter of law the
following:
1. S.C.Code Ann. Section 1-23-600 (Supp. 1993) grants jurisdiction to the
Administrative Law Judge Division to hear contested cases under the Administrative
Procedures Act.
2. S.C.Code Ann. Section 61-1-55 (Supp. 1993) grants to the Administrative Law
Judge Division the powers, duties and responsibilities as a hearing officer in protested and
contested matters governing alcoholic beverages, beer and wine.
3. S.C.Code Ann. Section 61-9-320 (Supp. 1993) sets forth the requirements for
the issuance of beer and wine permits. The applicant meets all the statutory requirements
set forth in this provision and has made an adequate showing on each of the grounds for
issuance of the permit.
4. S.C. Code Ann. §61-9-340 (Supp. 1993) states that upon a determination that
an applicant meets the criteria set forth and has not misstated or concealed a fact in the
application, the S.C. Department of Revenue and Taxation must issue the permit after
payment of the prescribed fee.
5. "Proper location" is not statutorily defined and accordingly broad discretion
is vested in the trier of fact in determining the feathures of the location. Fast Stops, Inc. v.
Ingram, 276 S.C. 593, 281 S.E. 2d 181 (1981).
The determination of suitability involves a variety of considerations related to the
nature and operation of the license, its impact on the community and its location. This
Division must balance the interest of the applicant to sell beer and wine against the interest
of local businesses, local residents and local churches to a reasonable level of peace, quiet
and legal activity by others. In such a balancing, public interest must prevail.
This applicant wishes to sell beer and wine. There is no evidence that the applicant
is of bad moral character or that the location has a history of problems or violations. There
is no evidence to show that the granting of this permit would adversely impact the
neighborhood/area. Given the history of this location holding a permit with no violations for
twenty years and considering the testimony of the applicant, it is concluded that the
application of the petitioner should be approved with the limitations as provided herein.
ORDER
Based upon the above Findings of Fact and Conclusions of Law, It is hereby:
1. ORDERED that the application of Vitthalbhai H. Patel for an off-premise beer
and wine permit for the premises located at 501 Greenville Street, Abbeville, South Carolina
is granted.
2. IT IS FURTHER ORDERED that the Department of Revenue and Taxation
issue the permit upon payment of the required fees and costs by the applicant.
AND IT IS SO ORDERED.
Marvin F. Kittrell
Chief Administrative Law Judge
Columbia, South Carolina
November 22, 1994 |