ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division on the application of Johnny
F. Ridley for an off-premises beer and wine permit for Johnny's Discount located in Clover, South
Carolina. After notice to the parties, a hearing was conducted on March 3, 1995. Nadara and James
Andrews requested to be made party-protestors.
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, Johnny F. Ridley, is a 42 year old life long resident of South Carolina
and a legal resident of the United States.
2. He has two convictions, one in 1977 for driving under the influence and in 1986 for
speeding.
3. Previously, Ridley was permitted by the Alcoholic Beverage Control Commission to
sell beer and wine on-premises. He held this permit for 13 years and had no violations.
4. The proposed location is 1985 Highway 321 North in Clover, South Carolina. It is
located about three miles from the North Carolina State Line on U.S. Highway 321. Highway 321
is a four lane highway. The previous name of the location was Pat's which was permitted by the ABC
Commission to sell beer and wine for approximately eight to ten years. Ridley purchased the location
in 1994 after the owner of the property died.
5. The proposed hours of operation are Monday through Saturday, 9:00 a.m. to 8:00
p.m. The principal business is a convenience store, fishing tackle and bait, and fireworks. The store
was completely remodeled after Ridley purchased it.
6. The location is in a mostly rural type residential area although there is a church within
one-half mile and other restaurant/bars within one-tenth of a mile and the post office is nearby. There
are no schools or playgrounds in the area. The community is a mile outside of Bowling Green. The
mill is located within a short distance of the location and owns several houses in the area. There has
not been a problem with law enforcement in the area.
7. The basis for the protest is the number of residences in the area (22 in three blocks),
safety, and the location's proximity to the North Carolina State line and Gastonia which is in a county
that does not allow the sale of any type of beverage containing alcohol. Some of the other
establishments in the area cause disturbances including trash along the highway and disorderly
conduct.
8. The Bowling Green Presbyterian Church is located within one-half mile of the location
and sent a written protest. It failed to appear at the hearing.
9. Notice of the application was posted at the location and published in The Herald in
Rock Hill for the required time period.
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 of Laws § 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. There is no single criterion or standard for determining the meaning of the term "good
moral character" and the licensing authority must judge whether the acts and conduct shown are
sufficient in themselves or as an index to character to disqualify an applicant. 2709 Op. Att'y Gen.
160 (1969); 48 C.J.S. Intoxicating Liquors § 135(b) at 243. A liquor license may be refused a person
who has been convicted of a crime or crimes, particularly a violation of the liquor laws. Wall v. S.C.
ABC Commission, 269 S.C.13, 235 S.E.2d 806 (S.C. 1977). The Division would not be justified in
refusing a license based simply upon a "moral appraisal", or because the previous misconduct is not
relevant to the conduct of the business for which the license is sought. 2709 Op. Att'y Gen. 160
(1969).
The offenses committed by the applicant are not considered crimes of "moral turpitude" which
may be considered to characterize the moral fiber of a person. In addition, Ridley was previously
issued a permit to sell beer and wine for thirteen (13) years, even though these convictions were
available for review. Based upon this information, the applicant is of sufficient moral character to
allow the holding of a permit.
4. Although "proper location" is not statutorily defined, "rather broad discretion is vested
in the Commission in determining the fitness or suitability of a particular location." Fast Stops, Inc.
v. Ingram, 276 S.C. 593, 281 S.E.2d 181 (S.C. 1981). This determination of suitability is not solely
a function of geography, but involves an infinite variety of considerations related to the nature and
operation of the proposed business and its impact upon the community where it is to be situated.
Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (S.C. 1985); Schudel v. S.C. ABC Commission, 276
S.C. 138, 276 S.E.2d 308 (S.C. 1981).
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). None of these
structures are within close proximity sufficient to render the proposed location unsuitable. The
residences are located off of Highway 321 and are sufficiently buffered from the proposed location
so as not to cause any problems.
5. The applicant meets the statutory requirements for the issuance of an off-premises beer
and wine permit. This location was previously licensed to sell beer and wine. The complaints raised
by the residents do not relate to the activity occurring at this location or attributable to this location.
ORDER
Based upon the foregoing findings of fact and conclusions of law, it is
ORDERED, that the application of Johnny F. Ridley for an off-premise beer and wine permit
for Johnny's Discount located at 1985 Highway 321 North in Clover is GRANTED upon payment
of the appropriate fees to the Department of Revenue and Taxation.
AND IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge Division
April ___, 1995
Columbia, South Carolina. |
