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Administrative Law Court
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SC Administrative Law Court Decisions

Dudley D. Barnhill, Jr., d/b/a Doug's Quick Stop vs. SCDOR

South Carolina Department of Revenue

Dudley D. Barnhill, Jr., d/b/a Doug's Quick Stop

South Carolina Department of Revenue

Dudley D. Barnhill, Jr., Pro Se



This matter comes before me on the application of Dudley D. Barnhill, Jr. for an on-premises beer and wine permit for Doug's Quick Stop located at 7612 Fairfield Road in Columbia, South Carolina. After notice to the parties, a hearing was conducted on February 27, 1995.


Based upon the testimony, the credibility of the witnesses and the burden of proof, I make the following findings of fact:

1. The applicant, Dudley D. Barnhill is a 40 year old resident of South Carolina and a legal resident of the United States.

2. He had never been convicted of a crime and is a person of good moral character.

3. Barnhill has held a permit for the sale of beer and wine in the past and has never had any violations. An on-premises beer and wine permit was issued to him from 1989 to 1993 when he sold the business.

4. The proposed location is 7612 Fairfield Road in Columbia. This location has been licensed for over ten years most recently in July 1994 to another person. See Decision and Order, Veronica M. Goodwin d/b/a D & L Hotspot and Packing v. S.C. Dept. of Revenue and Taxation, Docket No. 94-ALJ-17-0112-CC, dated July 20, 1994.

5. The hours of operation of the proposed location will be Monday through Saturday, 8:00 a.m. to 10:00 p.m. and Friday and Saturday, until 12 midnight. The location is a country store which will have a deli and short order menu consisting of burgers, chicken, sandwiches, and french fries.

6. There are no churches, schools or playgrounds in the vicinity.

7. Notice of the application was published in The Star Reporter and posted at the location for the time period required by law.

8. Mr. Wayne Anson appeared to protest the application on the basis that between September 1992 and 1994 when the location closed there were numerous problems with the sale of illegal drugs, underage drinking, and thefts. Concerns were expressed about the traffic in the area and the store being a magnet for activity. These problems occurred in the evening hours and when the business was operated by someone else. A majority of the criminal activity was not at the location but on the adjacent unoccupied properties.


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.

Section 61-9-320, S.C. Code of Laws (Supp. 1993).

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. Some of the concerns raised by the sole protestor are not within the control of the applicant and involve activity that is not directly attributed to the operation of the proposed location. To the extent that people are loitering on the premises, the applicant must take steps to correct the problem. Sales of beer and wine to persons who are underaged is not permitted by law and subjects the applicant to criminal as well as administrative penalties. There are adequate safeguards to address the issues raised by the protestor.

5. The proposed location and business meets the statutory requirement for the issuance of a beer and wine permit.


Based upon the foregoing findings of fact and conclusions of law, it is

ORDERED, that the Department of Revenue and Taxation issue an on-premises beer and wine permit to Dudley D. Barnhill d/b/a Doug's Quick Stop located at 7612 Fairfield Road in Columbia upon the payment of the appropriate fees.




Administrative Law Judge

April ____, 1995

Columbia, South Carolina.

Brown Bldg.






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