ORDERS:
ORDER AND DECISION
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.
FINDINGS OF FACT
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.
CONCLUSIONS OF LAW
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.
ORDER
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.
AND IT IS SO ORDERED.
_____________________________
ALISON RENEE LEE
Administrative Law Judge
March ____, 1995
Columbia, South Carolina. |