South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

Fred C. McCary, d/b/a Fast Freddie's vs. SCDOR

South Carolina Department of Revenue

Fred C. McCary, d/b/a Fast Freddie's

South Carolina Department of Revenue





This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. §§61-1-55, et seq. (Supp. 1993) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1993) for a contested case hearing. The Applicant, Fred C. McCary, seeks an on-premise beer and wine permit for Fast Freddie's. A hearing was held on May 8, 1995, at the office of Administrative Law Judge Division, 1205 Pendleton Street, Columbia, South Carolina.

The Permit requested by the Applicant is denied.


Having observed the witnesses and exhibits presented at the hearing and closely passed upon their credibility, taking into consideration the burden of persuasion by the Parties or Protestants, I make the following Findings of Fact by a preponderance of evidence:

1. The court has subject matter jurisdiction of this contested case.

2. Notice of the time, date, place and subject matter of the Hearing was given to the Applicant and the South Carolina Department of Revenue.

3. The applicant seeks an on-premise beer and wine permit for his video poker business located at 275 Meeting Street, West Columbia, South Carolina.

4. The Petitioner was previously involved in a business known as the Smoke and Bottle Shop. That business had a beer and wine permit issued to the Petitioner's girlfriend, Teresa A. Hughes. After an under-age individual was sold alcohol at that business location the Petitioner paid the fine for that violation.

5. The Petitioner has been convicted for several relevant crimes. The Petitioner was arrested for an open container violation on October 5, 1991 and later pled guilty to that crime on December 9, 1991. Thereafter, the Petitioner was convicted of gambling on September 9, 1992. Finally, and notably, the Petitioner was arrested for bookmaking on January 13, 1993 and pled guilty to that crime on February 18, 1994.

6. The Applicant stated on his application that he had never been "arrested, taken into custody, charged, paid a fine or posted a bond" for any crime in South Carolina or any other state in the past twenty (20) years. This statement was false and a material misrepresentation.

7. The Petitioner's false misrepresentation upon his application and his previous convictions make him unsuitable for a beer and wine permit. I therefore find that the Applicant does not have the moral character necessary to possess a beer and wine permit.


Based upon the above findings of fact, I conclude as a matter of law the following:

1. Section 1-23-600 S.C. Code Ann. (Supp. 1994) grants jurisdiction to the Administrative Law Judge Division to hear contested cases under the Administrative Procedures Act.

2. Section 61-1-55 S.C. Code Ann. (Supp. 1994) grants to the Administrative Law Judge Division the powers, duties and responsibilities as hearing officer in protested and contested matters governing alcoholic beverages, beer and wine.

3. Section 61-9-320 S.C. Code Ann. (Supp. 1994) sets forth the requirement for the issuance of an on-premise beer and wine permit.

4. The Court may deny a license or permit to "a person who has previously been convicted of a crime or crimes, particularly a violation of the liquor laws." Wall v. South Carolina Alcohol Beverage Control Com'n. 269 S.C. 13, 235 S.E.2d 806 at 808 (1977). Specifically, there is no single criteria or standard for determining the meaning of the term "good moral character" and the licensing authority must judge whether the acts and/or conduct shown are sufficient in themselves or as an index to character to disqualify the Applicant. 2709 Op. Att'y Gen. 160 (1969).

5. "[A] misstatement under oath or a concealment of [a material] fact" is sufficient basis to deny a beer and wine permit. Wall, supra at 808.


Based upon the Findings of Fact and Conclusions of Law, It is hereby:

ORDERED AND ADJUDGED that the application of Fred C. McCary for this beer and wine permit be denied.



Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

June 13, 1995

Brown Bldg.






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