ORDERS:
ORDER AND DECISION
This matter comes before me on the application of Bootsie E. Cox and Boot's Inc. for an
on-premises beer and wine permit and a private club minibottle license for The Firehouse to be
located at Laurens Clinton Highway in Laurens, South Carolina. After notice to the parties and
protestors, a hearing was conducted on December 16, 1994. Based upon all of the testimony and
evidence presented, I make the following:
FINDINGS OF FACT
1. Bootsie E. Cox is a 37 years old and a life long resident of South Carolina and of the
United States. He is president of Boot's Inc., a nonprofit corporation organized and existing under
the laws of the State of South Carolina.
2. He has never been convicted of a crime and is a person of good moral character.
3. An on-premises beer and wine permit was issued to Cox for another business which
is now closed. The permit had not been suspended or revoked.
4. The proposed location is located on the Laurens Clinton Highway (Highway 76) in
Laurens. The property was purchased at an auction and advertised as commercial. Construction has
not begun on the building.
5. The property is not near any churches, schools, or playgrounds.
6. One edge of the property is bordered by a road on which Don Copeland lives. Mr.
Copeland and his son are protesting the application. His house is located 400 feet from the property
line of proposed location. Copeland is concerned about where on the property the building will be
located and where parking would be located. Copeland's son is concerned about the safety of his
family at night while he is at work and does not want the building near his home, or parking and
access to the building from the side road.
7. Cox would build the building so that access and parking would be from the highway
not the side road. He plans to plant trees to act as a buffer zone across the back of the property
closest to Copeland's house. Halogen lights would be placed in front of the building to light the
parking lot and the building.
8. The Firehouse, when completed and open, would be a sports bar for members only.
There would be a small cafe, pool table, and other games. The hours of operation would be seven
days a week, 12 noon until 2:00 a.m. Cox's father, a retired police officer would assist him in the
operation of the business and in patrolling the property.
9. Notice of the application was posted at the location and published in The Laurens
County Advertiser for the time period required by law.
10. An alcoholic liquors bond in the amount required has been obtained.
CONCLUSIONS OF LAW
1. The Administrative Law Judge Division is vested with the powers, duties and
responsibilities exercised by the former Alcoholic Beverage Control Commission and hearing officers
pursuant to Chapter 23 of Title 1. S.C. Code Ann. § 61-1-55 (Supp. 1993).
2. S.C. Code Ann. § 61-9-320 (Supp. 1993) provides the statutory requirements for the
issuance of beer and wine permits. It states:
No permit authorizing the sale of beer or wine may be issued unless:
(1) The applicant, any partner or co-shareholder of the applicant, and
each agent, employee, and servant of the applicant to be employed on the
licensed premises, are of good moral character.
(2) The retail applicant is a legal resident of the United States and
has been a legal resident of this State for at least thirty days before the date
of application and has maintained his principal place of abode in South
Carolina for at least thirty days before the date of applicant.
(3) The wholesale applicant is a legal resident of the United States
and has been a legal resident of this State for at least thirty days before the
date of application and has maintained this principal place of abode in South
Carolina for at least thirty days before the date of application or has been
licensed previously under the laws of this State.
(4) The applicant, within two years before the date of applicant, has
not had revoked a beer or a wine permit issued to him.
(5) The applicant is twenty-one years of age or older.
(6) The location of the proposed place of business of the applicant
is in the opinion of the department a proper one. The department may
consider, among other factors, as indications of unsuitable location, the
proximity to residences, schools, playgrounds and churches. This item does
not apply to locations licensed before its effective date.
(7) Notice of application has appeared at least once a week for three
consecutive weeks in a newspaper most likely to give notice to interested
citizens of the county, city, or community in which the applicant proposes
to engage in business. The department shall determine which newspapers
meet the requirements of this section based on available circulation figures.
However, if a newspaper is published within the county and historically has
been the newspaper where the advertisements are published, the
advertisements published in that newspaper meet the requirements of this
section. Applicants for a beer or wine permit and an alcoholic liquor license
may use the same advertisement for both if it is approved by the department.
(8) Notice has been given by displaying a sign for fifteen days at the
site of the proposed business.
The sign must:
(a) state the type of permit sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high;
(e) be posted and removed by an agent of the department.
3. In addition, proximity of a location to a church, school, playground, or residence is
a proper ground, by itself, on which the location may be found unsuitable for a permit to sell beer and
wine. Byers v. S.C. ABC Commission, 305 S.C. 243, 401 S.E.2d 653 (S.C. 1991). The proposed
location is not near any of these facilities.
4. Section 61-5-50 provides the requirements for the issuance of a mini-bottle license to
a bona fide non-profit organization. It states:
The department may grant a license upon finding:
(1) The applicant is a bona fide nonprofit organization or the
applicant conducts a business bona fide engaged primarily and substantially
in the preparation and serving of meals or furnishing of lodging, as described
in Section 61-5-10.
(2) The applicant, if an individual, is of good moral character or, if
a corporation or association, has a reputation for peace and good order in
its community, and its principals are of good moral character.
(3) As to business establishments or locations established after
November 7, 1962, Section 61-3-440 has been complied with.
(4) Notice of application has appeared at least once a week for three
consecutive weeks in a newspaper most likely to given notice to interested
citizens of the county, municipality, or community in which the applicant
proposes to engage in business. The department shall determine which
newspaper meet the requirements of this section based on available
circulation figures. However, if a newspaper is published within the county
and historically has been the newspaper where the advertisements are
published, the advertisements published in that newspaper meet the
requirements of this section. Applicants for a beer or wine permit and an
alcoholic liquor license may use the same advertisement for both if it is
approved by the department.
(5) Notice has been given by displaying a sign for fifteen days at the
site of the proposed business.
The sign must:
(a) state the type of license sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high;
(e) be posted and removed by an agent of the department.
(6) The applicant is twenty-one years of age or older.
(7) The applicant is a legal resident of the United States and has
been a resident of this State for at least thirty days before the date of
application and has maintained his principal place of abode in South Carolina
for at least thirty days before the date of application.
S. C. Code Ann. §61-5-50 (Supp. 1993).
5. The proposed location and business meets the statutory requirements for the issuance
of a minibottle license.
6. The concerns expressed by Mr. Copeland and his son are reasonable. In order to
alleviate some of the concerns addressed by them, it is proper to impose conditions. These are:
a. the building must be constructed so that the entrance is located facing Highway
76 in the corner of the property farthest from Copeland's house;
b. any driveway for public access must be from Highway 76;
c. parking must be provided on the front of the building or the side of the building
which is the farthest from Copeland's house;
d. either a fence or a natural barrier must be erected along the property line
closest to Copeland's house; and
e. there must be adequate lighting for the building and parking lot.
ORDER
Based upon the Findings of Fact and Conclusions of Law, Bootsie E. Cox and Boot's Inc. are
entitled to an on-premises beer and wine permit and a club minibottle license. It is therefore,
ORDERED, that the Department of Revenue and Taxation shall issue the permit and license
upon completion of construction and inspection of the location to determine that it meets the
requirements set forth in this Order.
AND IT IS SO ORDERED.
_________________________
ALISON RENEE LEE
Administrative Law Judge
January _____, 1995
Columbia, South Carolina. |
