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 |