ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1993) and
S.C. Code Ann. § 1-23-310, et seq. (Rev. 1986 and Supp. 1993) upon an application for an on-premises beer and wine permit, business sale and consumption license, and alcoholic liqueurs
cooking license for Beverly Broughton, as officer of Broughton Enterprises, d/b/a Bentley's
Entertainment Complex and Restaurant, 3000 Sumter Street, Florence, South Carolina, filed with
the Department of Revenue and Taxation (hereinafter referred to as "DOR"). A hearing was held
on January 6, 1995. The issues considered were: (1) the applicant's eligibility to hold a
permit/license; (2) the suitability of the proposed business location; and (3) the nature of the
proposed business activity. The permit and licenses are granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) The applicant seeks an on-premises beer and wine permit, business sale and
consumption license, and alcoholic liqueurs cooking license for Beverly Broughton, as President
of Broughton Enterprises, d/b/a Bentley's Entertainment Complex and Restaurant, 3000 Sumter
Street, Florence, South Carolina, filed with the Department of Revenue and Taxation, having filed
an application with DOR, AI #99630, AI #99631, and AI #99632.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
applicant, protestants, and DOR.
(3) Linda Ross protested the applications, but failed to submit a mailing address to DOR
or this Court for which notice of the hearing could be delivered. Notices sent to Ms. Ross at the
address submitted by Ms. Ross were returned by the Postal Service. Further efforts to locate her
were unsuccessful.
(4) DOR protested the applications, citing applicant's alleged lack of good moral
character for grounds for denial of the applications.
(5) The hearing was scheduled to begin at 9:00 a.m., January 6, 1995. The Court delayed
the commencement of the hearing until 9:26 a.m., to allow time for DOR and/or Ms. Ross to
make an appearance, at which time it proceeded without those parties present.
(6) No protestants or parties appeared at the hearing to testify in opposition to the
application.
(7) The proposed location is a restaurant and nightclub, with a substantial portion of its
business dedicated to the preparation and service of meals.
(8) The proposed location previously held an on-premises beer and wine permit and
minibottle license for approximately twenty-five years.
(9) Applicant is over twenty-one years of age.
(10) Applicant is a citizen of Jamaica, but is a permanent legal alien resident of the United
States and resident of the State of South Carolina, and has maintained her principal residence in
South Carolina for more than thirty days.
(11) Applicant has not had a permit revoked in the last five years.
(12) Applicant was charged with importation and possession of marijuana in Florida in
1988. The possession charge was dropped and the importation charge nolle prossed after
completion of a pretrial intervention program.
(13) Applicant currently holds and has held since 1992, an alcoholic beverage license in
the State of Florida and has no violations against that license.
(14) Applicant, who intends to be the manager of the business, is of good moral character.
(15) 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.
(16) The proposed location is not within five hundred feet of any school, church, or
playground.
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. § 61-3-420 (Supp. 1993) provides the criteria to be met by an
applicant for a liquor license in South Carolina.
(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 and 61-3-440 (Supp. 1993). Applicant is in compliance with those
provisions.
(5) S.C. Code Section 61-3-610 (1976) provides for the issuance of licenses for the
purchase of wines and liqueurs for cooking purposes.
(6) There being no evidence to the contrary presented, the proposed location and business
activity are suitable and proper.
(7) Applicant meets the statutory requirements for issuance of a beer and wine permit,
business sale and consumption license, and alcoholic liqueurs cooking license.
(8) DOR not appearing, nor having informed this Court of reason for postponement or
continuance, is in default, and Applicant is entitled to the relief requested in her Petition.
ORDER
IT IS THEREFORE ORDERED that DOR issue to Applicant the permit and licenses
applied for upon payment of the prescribed fee and bond.
_____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
January _____, 1995
Columbia, South Carolina |
