ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to S.C.
Code Ann. §§ 61-1-55, et seq. (Supp. 1993) and S.C. Code Ann. §§ 1-23-310 et seq. (Rev.
1986 and Supp. 1993) for a hearing pursuant to the application of Martin Sanders, d/b/a
Winn Dixie Store #1244 for an off-premise beer and wine permit for the premises located
at 529 Hampton Avenue, Pickens, Pickens County, South Carolina.
A hearing was held before me on November 29, 1994. Notice of the time, date, place
and nature of the hearing was timely given to all parties including the protestants. Stephanie
H. Burton, Esquire, appeared on behalf of the Petitioner. Neither Respondent nor any
protestors appeared at the hearing.
FINDINGS OF FACT
By a preponderance of the evidence, I make the following findings:
1. This Division has personal and subject matter jurisdiction.
2. The applicant is seeking an off-premise beer and wine permit for a grocery
store located at 529 Hampton Avenue, Pickens, Pickens County, South Carolina.
3. Notice of the application has appeared at least once a week for three (3)
consecutive weeks in The Greenville News, a newspaper of general circulation in the local
area where the applicant proposes to engage in business.
4. Notice of the application has been given by displaying a sign for a minimum
of fifteen (15) days at the site of the proposed location.
5. The applicant has been a legal resident of South Carolina for over thirty days
and maintained his principal place of abode in South Carolina for over thirty days.
6. The applicant is of good moral character.
7. The applicant has never had a beer and wine permit or mini-bottle license
revoked.
8. The store is located in the municipal limits of Pickens, South Carolina.
9. The South Carolina Law Enforcement Division conducted an investigation of
Petitioner on or about September 12, 1994.
10. Respondent received protest to Petitioner's application from Myrtle Raines,
Ken Batson, Ruth Atcheson, Bill R. McCall, Jr., Debbie G. McCall, Evelyn Gilstrap, James
C. Gilstrap and Iva Holcombe.
11. On or about September 21, 1994, Petitioner requested that a hearing be
scheduled in this matter.
12. In its pre-hearing statement filed with the Administrative Law Judge Division,
Respondent indicated that "but for the filing of protests by interested persons, the
Department would have administratively issued the sought for permit."
13. An Order and Notice of Hearing was issued by this Judge on or about October
25, 1994 to Petitioner, Respondent and all protestants.
14. None of the interested persons nor Respondent appeared at the hearing to
contest Petitioner's right to an issuance of the sought for permit.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude as a matter of law, the
following:
1. S.C. Code Ann. § 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. § 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 an off-premise beer and wine permit. The applicant meets all the statutory
requirements.
4. There has been no showing that the present location is unsuitable, is not a fit
location, that it would increase stress in terms of the resident's safety, or create traffic
problems.
5. It is concluded that the applicant meets all of the statutory requirements for
holding an off-premise beer and wine permit and accordingly, I conclude that the proposed
location is a proper one for granting of the off-premise beer and wine permit.
ORDER
Based upon the above Findings of Fact and Conclusions of Law, It is hereby:
1. ORDERED that the application of Martin Sanders for an off-premise beer and
wine permit for the premises located at 529 Hampton Avenue, Pickens, 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
January 9, 1995 |
