South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Ronald J. Livingston, Player's Van Club, d/b/a Player's Paradise vs. SCDOR, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Ronald J. Livingston, Player's Van Club, d/b/a Player's Paradise

Respondents:
South Carolina Department of Revenue and the Loris Police Department
 
DOCKET NUMBER:
94-ALJ-17-0343-CC

APPEARANCES:
For the Petitioner: James H. Harrison, Esquire

For the Respondent/South Carolina Department of Revenue and Taxation:
unrepresented

For the Respondent/Loris Police Department: Pro Se
 

ORDERS:

ORDER AND DECISION

STATEMENT OF THE CASE


This matter comes before the Administrative Law Judge Division pursuant 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 Ronald J. Livingston for an on-premise beer and wine permit (AI95113) and club sale and consumption license (AI95112) for the premises located at 4144 Maple Street, Loris, South Carolina (location).

A hearing was held on January 16, 1995 at the Administrative Law Judge Division hearing room in Columbia, South Carolina. Notice of the time, date, place and nature of the hearing was timely given to all parties and the protestant.

The application was protested by Loris Police Chief Michael Lyles who appeared and testified. Chief Lyles wished his department to be made a party and his motion was granted.

The permit and license are granted with restrictions.



EXHIBITS


Without objection three exhibits were made a part of the record.

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 on-premise beer and wine permit and a club sale and consumption (minibottle) license for a private club located at 4144 Maple Street, Loris, South Carolina.

3. The applicant is of good moral character.

4. The applicant has been a legal resident of South Carolina for over thirty (30) days and has maintained his principal place of abode in South Carolina for over thirty (30) days.

5. The applicant has never had a beer and wine permit or sale and consumption license revoked.

6. The applicant is over twenty-one (21) years of age.

7. Notice of the application has appeared at least once a week for three (3) successive weeks in The Loris Scene, a newspaper of general circulation in the local area where the applicant proposes to operate.

8. 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.

9. The applicant intends to operate a private club at the proposed location between the hours of 6:00 pm and 2:00 am Wednesday through Sunday.

10. The proposed location is in a residential/commercial area with at least two other licensed locations in close proximity.

11. There are no schools, playgrounds, or churches within close proximity to the proposed location.

12. The applicant operated a public club at the proposed location up until he filed his application for a permit and license as a private club. As a whole the applicant's prior club caused very few problems for local law enforcement. The most significant problem was loitering by patrons outside of the club.



CONCLUSIONS OF LAW


Based on the foregoing Findings of Fact, I conclude as a matter of law, the following:

1. SC 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. SC 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. SC Code Ann. § 61-9-320 (Supp. 199) sets forth the requirements for the issuance of a beer and wine permit.

4. SC Code Ann. § 61-5-50 (Supp. 1993) sets forth the requirements for the issuance of a sale and consumption (minibottle) license.

5. No churches, schools, or playgrounds are within the prescribed proximity to render the proposed location unsuitable.

6. Although "proper location" is not statutorily defined, broad discretion is vested in the Division in determining the fitness or suitability of a particular location. Fast Stops, Inc. v. Ingram, 276 SC 593, 281 SE 2d 181 (1981).

7. As trier of fact, an administrative law judge is authorized to determine the fitness or suitability of the proposed business location of an applicant for a permit to sell beer and wine using broad but not unbridled discretion. Ronald F. Byers v. SC ABC Commission, 316 SE 2d 705 (SC App. 1984).

8. Permits and licenses issued by the State for the sale of liquor, beer and wine are not rights or property, but are rather privileges granted in the exercise of the police power of the State to be used and enjoyed only so long as the restrictions and conditions governing them are complied with. As the tribunal authorized to grant the issuance of a permit, it is also authorized, for cause, to revoke it, and that tribunal is likewise authorized to place restrictions or conditions on the permit or license. Feldman v. SC Tax Commission, 203 SC 49, 26 SE 2d 22 (1943).

9. S.C. Ann. § 61-3-425 (Supp. 1993) requires an applicant seeking a license to present to the Department of Revenue and Taxation a signed statement both from the Department and the Internal Revenue Service showing the applicant doesn't owe the state or federal government delinquent taxes, penalties or interest.

10. Although Chief Lyles testified about problems in the community in general, he acknowledged that the location, when previously licensed and operated by the applicant, caused relatively few problems for law enforcement. After considering the testimony of the applicant and protestant, it is concluded that the application should be approved with restrictions as provided herein.



ORDER


Based on the Findings of Fact and Conclusions of Law, it is hereby:

ORDERED that the application of Ronald J. Livingston for an on-premise beer and wine permit and club sale and consumption license at 4144 Maple Street, Loris, South Carolina, be granted with the following restrictions and conditions:

1. Hours of operation will be 2:00 pm to 11:00 pm Monday through Thursday and 6:00 pm to 2:00 am Friday and Saturday (Sunday morning).

2. All exterior doors at the proposed location shall be kept closed at all times except when patrons, customers, or employees are entering or exiting.

3. No live bands are allowed to perform at the proposed location. Disco is allowed.

4. Applicant and his employees shall prohibit loitering and the consumption of beer, wine and liquor in the parking lot of the proposed location and strictly enforce the prohibition.

5. No outside speakers will be allowed at the proposed location.

6. Ronald J. Livingston and Player's Van Club shall keep all parking and exterior areas of the location free of litter and trash.



IT IS FURTHER ORDERED that a violation of any one of the above conditions is considered a violation against the permit and license an may result in a fine, suspension or revocation.

IT IS FURTHER ORDERED that the Department of Revenue and Taxation issue the permit upon applicant complying with the requirement of S.C. Code Ann. § 61-3-425 and upon payment of the required fees by the applicant.

IT IS SO ORDERED

Marvin F. Kittrell

Chief Administration Law Judge



Columbia, South Carolina

March 1, 1995


Brown Bldg.

 

 

 

 

 

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