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. |