ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1994) and
S.C. Code Ann. § 1-23-310, et seq. (Supp. 1994) for a hearing on the application of Louis L.
Powers. The applicant seeks an off-premises beer and wine permit (AI 102507) for a convenience
store to be located at 701 W. Ingram Street, within the City of Florence, Florence County, South
Carolina.
After timely notice to the parties and protestants, a hearing was held at the Administrative
Law Judge Division in Columbia, South Carolina. Several protestants appeared at the hearing.
Chief Ralph Porter appeared on behalf of the Florence Police Department and citizens of the
community in which the proposed location is to be situated. The protestants did not move to
intervene as parties. The issues considered at the hearing were: (1) the applicant's eligibility to
hold a beer and wine permit; (2) the suitability of the proposed business location; and, (3) the
nature of the proposed business activity. The off-premises beer and wine permit for 701 W.
Ingram Street, within the City of Florence, Florence County, South Carolina is hereby denied.
FINDINGS OF FACT
Having carefully considered all testimony, exhibits, and arguments presented at the hearing
of this matter, and taking into account the credibility and accuracy of the evidence, I make the
following Findings of Fact by a preponderance of the evidence:
1. The applicant seeks an off-premises beer and wine permit for a convenience store
to be located at 701 W. Ingram Street, City of Florence, Florence County, South Carolina.
2. The South Carolina Department of Revenue and Taxation's ( "Department") file
was made a part of the record by reference with the consent of the petitioner and the protestants.
3. The proposed location is situated in a residential area.
4. The applicant's proposed convenience store is located within close proximity of a
number of residences, within a distance that ranges from approximately fifty (50) feet to six
hundred and thirty-five (635) feet along W. Ingram Street.
5. Approximately three years ago, the proposed location was licensed with an on-premises beer and wine permit in the name of Ray Peoples, d/b/a Ray's Place. During this time,
the neighborhood experienced shootings and drug activity. Also, there were problems with
loitering and fighting at Ray's Place. Moreover, residents protested and the license of Ray
Peoples, d/b/a Ray's Place was revoked.
6. The protestants cite the problematic history of this location and its proximity to
their residences as grounds to deny the issuance of the permit.
7. The applicant leases the proposed location from Harriet S. Smith.
8. The applicant is of good moral character.
9. The applicant intends to operate the proposed location from 8:00 a.m. to 8 p.m.
Monday through Saturday.
10. The applicant is at least 21 years of age, a U.S. citizen, a citizen of the State of
South Carolina, and has maintained his principal residence in the state for at least thirty (30) days
prior to the date of making application for an off-premises beer and wine permit.
11. The applicant has not had a beer and wine permit or alcoholic beverage license
revoked within two (2) years of the date of his application.
12. Notice of the application appeared in the Florence Morning News, a newspaper
of general circulation in the area of the proposed location, for three (3) consecutive weeks and
notice was posted at the proposed location for fifteen (15) days.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
1. S.C. Code Ann. § 61-1-55 (Supp. 1994) authorizes the South Carolina
Administrative Law Judge Division to hear this case pursuant to Chapter 23 of Title I of the 1976
Code, as amended.
2. S.C. Code Ann. § 61-9-320 (Supp. 1994) establishes the criteria for the issuance
of a beer and wine permit.
3. Although "proper location" is not statutorily defined, broad discretion is vested in
the Administrative Law Judge Division in determining the fitness or suitability of a particular
location. Fast Stops, Inc. v. Ingram, 276 S.C. 593, 281 S.E.2d 181 (1981).
4. "The proximity of a location to a church, school or residence is a proper ground by
itself, on which the [trier of fact] may find the location to be unsuitable and deny a permit for the
sale of beer or wine at that location." Byers v. South Carolina ABC Comm'n, 305 S.C. 243, 407
S.E.2d 653 (1991); aff'd, Moore v. South Carolina ABC Comm'n, 308 S.C. 167, 417 S.E.2d 557
(1992).
5. The proposed location is situated in the midst of a residential neighborhood and is
extremely close in proximity to a number of residences. Therefore, it is not a suitable or proper
location for a beer and wine permit.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby:
ORDERED that the off-premises beer and wine permit for a convenience store to be
located at 701 W. Ingram Street, within the City of Florence, County of Florence, South Carolina
is denied.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
June 8, 1995 |
