ORDERS:
ORDER AND DECISION
This matter comes before me on the application of Kenneth D. Holliday and Jacoby's Inc. for
an on-premises beer and wine permit for Jacoby's to be located on Templeton Road 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. Kenneth D. Holliday is a 29 year old life long resident of South Carolina and a legal
resident of the United States.
2. He has never been convicted of a crime and is a person of good moral character.
3. Holliday has held two off-premises beer and wine permits and has had two violations
in an eight year period. None of the permits have been suspended or revoked.
4. Jacoby's Inc. is a nonprofit corporation organized and existing under the laws of the
State of South Carolina.
5. The proposed location is on Templeton Road off Highway 76 in Laurens. One acre
of property advertised as commercial was purchased at an auction. This property is shown as lot 3
on Exhibit 1. The building has not been constructed.
6. There are no churches, schools or playgrounds in the vicinity.
7. Holliday plans to build a sports bar which would be open to members only from 6:00
p.m. to 2:00 a.m. Thursday through Sunday. The club would provide jazz and rhythm and blues
music by a disc jockey. Upon completion of the building, it will have a dance floor and several tables
and chairs and two bars. Lighting and security guards would be available and the building would be
insulated to prevent the music from emanating from the location.
8. Approximately, 800 to 1000 feet from the property is a residence occupied by Don
Copeland and his family. Mr. Copeland is protesting the application on the basis that it is too close
to his home and that of his elderly in-laws, that the road is a narrow one where his grandchildren play,
and he questions why there is a need for two private clubs in the vicinity. Mr. Copeland's property
is clearly visible from the proposed location. His property is marked on Exhibit 1. Photographs were
introduced into evidence depicting Copeland's residence from the proposed location. Mr. Copeland's
father-in-law, Mr. Templeton owns pasture property in front of the location and the other residence
occupied on that street. There is another residence on Templeton Road in the immediate vicinity of
the proposed location but it is not occupied.
9. Lot 2 on Exhibit 1 was purchased by a telephone sales and service business. This
property is closer to Copeland and is located between Copeland and the proposed Jacoby's.
10. Templeton Road is a two lane paved road. An application for an on-premises beer
and wine permit and a private club minibottle license was made about the same time as this
application. That proposed location is Bootsie's located at the corner of Templeton Road and
Highway 76.
11. Notice of the application was posted at the property and published in The Laurens
County Advertiser for the time required.
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 of Laws §61-1-55 (Supp. 1993).
2. S. C. Code §61-9-320 (Supp. 1993) provides the statutory requirements for the
issuance of beer and wine permits. It states in part:
No permit authorizing the sale of beer or wine may be issued unless:
...
(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.
S.C. Code §61-9-320 (6) (Supp. 1993).
3. Although "proper location" is not statutorily defined, "rather broad discretion is vested
in the Commission in determining the fitness or suitability of a particular location." Fast Stops, Inc.
v. Ingram, 276 S.C. 593, 281 S.E.2d 181 (S.C. 1981). This determination of suitability is not solely
a function of geography, but involves an infinite variety of considerations related to the nature and
operation of the proposed business and its impact upon the community where it is to be situated.
Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (S.C. 1985); Schudel v. S.C. ABC Commission, 276
S.C. 138, 276 S.E.2d 308 (S.C. 1981).
4. 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 in close proximity to any of these entities.
5. The concerns raised by Copeland are very valid and credible. His complaints concern
the increase in traffic for Templeton Road for a private club of patrons who do not live in the vicinity.
The location would disrupt the peace of this partly residential area because it is not on the major
highway. The location of Jacoby's would have an adverse impact on this particular area. Even
though the area is being developed as commercial property there are other types of businesses that
would disrupt the neighborhood less. In addition, there is another private club which is proposed only
a short distance away. After weighing the evidence and assessing credibility of the witnesses, this
location is not the proper location for a sports bar private club.
ORDER
Based upon the Findings of Fact and Conclusions of Law, Kenneth D. Holliday is a suitable
person for the issuance of a permit, but Jacoby's is not a proper location for an on-premise beer and
wine permit. The application of Kenneth D. Holliday and Jacoby's Inc. is therefore, DENIED.
AND IT IS SO ORDERED.
________________________________
ALISON RENEE LEE
Administrative Law Judge
January ____, 1995
Columbia, South Carolina. |
