South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

William S. Rambo d/b/a Charlie's vs. SCDOR

South Carolina Department of Revenue

William S. Rambo d/b/a Charlie's

South Carolina Department of Revenue

Harry A. Hancock, Esquire for Petitioner

Ansel Gantt, Esquire for Protestors



This matter comes before me on the application of William S. Rambo for an on-premises beer and wine permit for Charlie's located on Rosewood Avenue in Columbia, South Carolina. After notice to the parties, a hearing was conducted on February 22, 1995. Several protestors appeared at the hearing represented by counsel. The protestors did not want to be made parties to this action. The issues presented at the hearing were limited to the suitability of the applicant to be issued a permit and whether there has been a change in circumstances regarding the location which was found to be suitable with restrictions in an Order and Decision dated August 10, 1994 issued by the Honorable Stephen P. Bates in the case bearing Docket No. 94-ALJ-17-0184-CC.


I make the following findings of fact, taking into consideration the burden on the parties to establish their cases by a preponderance of the evidence and taking into account the credibility of the witnesses:

1. The applicant, William S. Rambo is a 24 year old, life long resident of South Carolina and is 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. This is his first application for a permit to sell any type of alcoholic beverages. He has never had a permit revoked or suspended.

4. Notice of the application was published in The State newspaper and posted at the location for the time period required.

5. The proposed location is Charlie's at 2708 Rosewood Drive in Columbia. This location has been licensed on numerous occasions most recently in an Order and Decision dated August 10, 1994 issued by the Honorable Stephen P. Bates in a case bearing Docket No. 94-ALJ-17-0184-CC. Judicial notice is taken of this decision in which the location is found to be suitable subject to certain restrictions.

6. Charlie's is a billiards parlor that sells food and has various games for entertainment. It has video games, a television, 15 pool tables, and tables and chairs for dining. The menu will include a daily special, hamburgers and cheeseburgers, and other short order cooking.

7. The applicant will agree to the same restrictions contained in the Order of Judge Bates. They are that the business shall not sell beer or wine before 6:00 p.m. Monday through Friday; that any litter on the premises must be picked up by 9:00 a.m.; that a professional uniformed security guard patrol the parking lot during the hours that beer and wine are sold and served; and that Kim Boineau is prohibited from being employed, managing, or having any role in the operation of the location. The restrictions are reasonable and there is no evidence of any change in circumstances to warrant a removal of the restrictions.

8. There is a Montessori Pre-School across the street from the proposed location, and a church at least 1000 feet away. The protestors appearing at the hearing were the minister from Rosewood Baptist Church, the owner and operator of the pre-school, and a representative of the Rosewood Merchant's Association and owner of Rosewood Market located two blocks away. The protestors agreed that there has been no change in circumstances regarding the location since August 1994 that would warrant further restrictions or a denial of suitability of the location.

9. The protestors expressed concerns over the business acumen and experience of the applicant. The applicant has never owned a business and has experience as the executor of his parent's estate for the last two years.


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. A permit must not be issued if the applicant is not a suitable person to be licensed or the place of business is not a suitable place.

3. The determination of suitability of the proposed location is not necessarily a function solely of geography. It may involve an infinite variety of considerations related to the nature and operation of the proposed business and its impact on the community within which it is to be located. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (1985).

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).

5. A beer and wine permit issued by the State is a privilege granted in the exercise of the police power of the State. It may be used and enjoyed only so long as the restrictions and conditions governing it are fulfilled. This Division is authorized to place restrictions and conditions on the permit or license. See Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943).

6. The concerns expressed by the protestors regarding the applicant's business ability are well taken, however, this Division is limited in its scope and it's role is not to decide whether the applicant will be successful in the operation of his business. The applicant is of good moral character and is a suitable person to be issued a beer and wine permit. The location is suitable subject to certain restrictions.


IT IS THEREFORE ORDERED that the Department of Revenue and Taxation shall issue an on-premises beer and wine permit to William S. Rambo for Charlie's located at 2708 Rosewood Drive upon the Applicant signing a written agreement to be filed with the Department to adhere to the following restrictions and conditions:

1. Applicant is prohibited from selling or serving beer and wine on the licensed premises before 6:00 p.m., Monday through Friday;

2. Applicant shall employ a professional uniformed security guard to patrol the parking lot and business premises during the business hours in which beer and wine are being sold and served;

3. Applicant shall pick up litter on the licensed premises, including the parking lot, the sidewalk, and the street immediately adjacent to the business, each morning following business operation, no later than 9:00 a.m.; and

4. Ms. Kim Boineau is prohibited from being employed, managing, or having any other role in the operation of the licensed premises except for such duties as required in her capacity as landlord of the premises.

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




Administrative Law Judge

March ____, 1995

Columbia, South Carolina.

Brown Bldg.






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