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:
Linda S. McManus, d/b/a Gold Nugget Tanning Salon vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Linda S. McManus, d/b/a Gold Nugget Tanning Salon

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
94-ALJ-17-0407-CC

APPEARANCES:
Kenneth Allen, Esquire for Petitioner
 

ORDERS:

AMENDED ORDER AND DECISION

This matter comes before me on the application of Linda S. McManus for an off-premises beer and wine permit for the Gold Nugget Tanning Salon located at 1415 N. Rocky River Road in Lancaster, South Carolina. After notice to the parties, a hearing was conducted on February 21, 1995. The sole purpose of the hearing was to determine whether the restriction on McManus' beer and wine permit should be removed. The sole protestor in this matter was Bill Howze and his mother, represented by James H. Harrison. Prior to the hearing, the protestors and the applicant reached an agreement with respect to the operation of the Gold Nugget. That agreement is incorporated into and the basis for this Order.

FINDINGS OF FACT

Linda S. McManus currently holds an off-premises beer and wine permit issued by the South Carolina Department of Revenue and Taxation. The permit was issued after a hearing on her application at which Bill Howze and his mother, Elizabeth Howze participated with legal representation. The 1993 Order granting the off-premises beer and wine permit concluded that McManus was eligible to hold the permit and that the business location was suitable with the restriction that there be no sale of beer and wine between the hours of 11:00 p.m. and 7:00 a.m.

Since that time, an application for on and off premises beer and wine permits have been granted to Cynthia T. McDonald next to this location. McManus and Howze have reached an agreement regarding the operation of the tanning salon with an off-premises beer and wine permit. Specifically, if McManus adheres to the restrictions issued in "Cynthia T. McDonald, d/b/a Crossroads Snack Shop, Applicant v. South Carolina Department of Revenue and Taxation, Respondent." bearing Docket No. 94-ALJ-17-0225-CC, then Howze and his mother would withdraw their protest. Those restrictions relate to prohibiting loitering and the consumption of beer or wine in the parking lot of the proposed location and strictly enforcing the prohibition. McManus has agreed to those restrictions.

CONCLUSIONS OF LAW

The Administrative Law Judge Division is empowered to hear this case pursuant to Chapter 23 of Title 1 of the 1976 Code, as amended. S.C. Code Ann. § 61-1-55 (Supp. 1993). Section 61-9-320 provides that criteria to be met by an applicant for a beer and wine permit in South Carolina. The Department of Revenue and Taxation issued a permit to McManus for the same location in 1993 finding her to be a suitable person to be issued a permit and finding the business location a suitable one. There is no evidence of any change in McManus' character or fitness to hold a beer and wine permit. The only change in the location is the addition of other businesses permitted by the Department to sell beer and wine. Judicial notice is taken of the 1993 Order granting McManus a beer and wine permit and the October 5, 1994 Order of Judge Stephen P. Bates in the Cynthia T. McDonald case cited above.

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 complied with. This Division is authorized to place restrictions or conditions on the permit or license. See Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943).

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is therefore

ORDERED, that the off-premises beer and wine permit application of Linda S. McManus be granted, with the following restriction and condition:

Linda S. McManus and her employees shall prohibit loitering and the consumption of beer or wine in the parking lot of the proposed location and shall strictly enforce the prohibition.

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

AND IT IS SO ORDERED.







___________________________

ALISON RENEE LEE

Administrative Law Judge Division



March ____, 1995

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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