ORDERS:
AMENDED ORDER AND DECISION
This matter comes before me on the application of Jimmy A. Miller for an on-premises beer
and wine permit for Jim's Place located at Route 1, Box 55 M on Highway 72 in Carlisle, South
Carolina. After notice to the parties, a hearing was conducted on February 22, 1995. The sole
protestor, Philip Ward failed to appear at the hearing.
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, Jimmy A. Miller, is 53 years old and a life-long resident of South
Carolina and the United States.
2. He has not been convicted of a crime and is a person of good moral character.
3. Miller previously operated "Jim's Place" in Carlisle from 1988 to 1993. There was an
off-premise beer and wine permit for that location. Miller did not renew his permit in 1993. The
permit has never been suspended or revoked.
4. The proposed location is Jim's Place on Highway 72 approximately twelve and one-half miles from Chester. It is the same location that was previously permitted to sell beer and wine
to go. The hours of operation would be Monday through Saturday, 6:00 a.m. to 10:00 p.m. in the
summer, and 8:00 a.m. to 7:30 p.m. in the winter.
5. Jim's Place is a grocery store and deer processing plant. Snacks and beverages would
be sold as well as cigarettes. Rest rooms are located outside of the building on the right side of the
store.
6. There is a church located three miles from the store. There are no schools or
playgrounds in the vicinity.
7. Notice of the application was posted at the location and advertised in The News &
Reporter of Chester for the time period required.
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. 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. The sole protestor, Philip Ward, failed to appear at the hearing and his protest is
deemed abandoned.
5. The proposed location and business meets the statutory requirement for the issuance
of a beer and wine permit.
ORDER
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 Jimmy A. Miller d/b/a Jim's Place located at Route 1, Box 55 M (Highway 72) in
Carlisle upon the payment of the appropriate fees.
AND IT IS SO ORDERED.
____________________________
ALISON RENEE LEE
Administrative Law Judge Division
March ____, 1995
Columbia, South Carolina. |
