ORDERS:
ORDER
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to 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 John W. Lyons (applicant) for an on-premise beer and wine permit (AI101041) at Gray Court, South Carolina.
A hearing was held on March 22, 1995, at the office of Administrative Law Judge
Division, 1205 Pendleton Street, Columbia, South Carolina. Notice of the time, date, place and
nature of the hearing was timely given to all parties including the protestants. After the court
decided the necessary elements for the qualifications of an on-premise beer and wine permit, the
parties and protestants stipulated the sole issue for the Court's consideration in this case is the
suitability of the proposed location. The parties and protestants further stipulated that the
proposed location is suitable solely for an off-premise beer and wine permit. In settlement of this
case and as a consent agreement the parties and protestants therefore agreed the applicant be
issued only an off-premise beer and wine permit at the Gray Court store location.
FINDINGS OF FACT
By a preponderance of the evidence, I make the following findings:
1. This division has subject matter jurisdiction.
2. The applicants is seeking an on-premise beer and wine permit for
the business of Cross Road Country Store in Gray Court, South
Carolina.
3. All the requirements for the qualification of a permit under S. C.
Code §61-9-320 (Sup. 1993) are met.
4. The parties and protestants agreed that the sole issue before the
Court in this proceeding was the suitability of the location. They
further agreed that the applicant's proposed location was suitable
for an off-premise beer and wine permit.
CONCLUSIONS OF LAW
Based upon the foregoing findings of fact, I conclude as a matter of law the following:
1. This Court has jurisdiction to hear beer and wine permit contested
matters. As a contested case under the Administrative Procedures
Act.
2. The requirements for the issuance of an on-premise beer and wine
permit have been met.
ORDER
Based upon the above Findings of Fact and Conclusions of Law, It is hereby ordered:
1. The application of John W. Lyons for an on-premise beer and wine
permit be denied. However, the consent agreement that the
applicant be granted an off-premise beer and wine permit for the
proposed location is approved.
AND IT IS SO ORDERED.
___________________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
March 23, 1995 |
