ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1994) and
§§ 1-23-310, et seq., (Rev. 1986 & Supp. 1994) upon application for an off-premises beer and
wine permit for 8 Chesterfield Road, Cheraw, South Carolina, by Harold P. Hunt, Jr., Bi-Lo, Inc.
d/b/a Bi-Lo #232, filed with the South Carolina Department of Revenue and Taxation (hereinafter
referred to as "DOR"). A hearing was held on June 29, 1995. Protestant Albert Young, Pastor of
Mount Hebron AME Zion Church, moved to intervene as a party. He was admitted as an
intervenor with limited rights, under ALJD Rule 20. Rev. Young was granted full participation
rights during the hearing, but not granted appellate rights. The issues in controversy were:
(1) the suitability of the proposed business location; and (2) the nature of the proposed business
activity. The permit is granted.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Petitioner seeks an off-premises beer and wine permit for a location at 8 Chesterfield
Road, Cheraw, South Carolina, having filed an application with DOR, AI #102767.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
applicant, protestants, and DOR.
(3) Petitioner Howard P. Hunt, Jr., is the Vice President of Finance for Bi-Lo, Inc. and
holds all beer and wine permits for the company's South Carolina stores.
(4) Petitioner is currently operating the proposed location as a supermarket, having
opened June 8, 1995.
(5) Petitioner formerly operated the supermarket at another location in Cheraw.
(6) The former location was licensed to sell beer and wine for off-premises consumption.
(7) The current management of the proposed location, while licensed at the former
location, had a violation-free record.
(8) Bi-Lo, Inc. has an extensive employee training program which includes education and
instruction regarding the sale of beer and wine.
(9) Bi-Lo employees face immediate termination for a violation of any laws or store
policies regarding beer and wine sales.
(10) Bi-Lo stores are equipped with cash registers which automatically require the cashier
to ask for identification and age verification from the customer.
(11) There are seven other licensed locations within .5 miles of the proposed location,
including another supermarket and two convenience stores in close proximity which hold off-premises beer and wine permits.
(12) The proposed location is within the city limits of Cheraw, in a mixed residential and
commercial area.
(13) Bi-Lo relocated its Cheraw store to the current location to move closer to its
customer base.
(14) The Cheraw Police Station is located within 1 mile of the proposed location, with
response time to the proposed location within approximately five minutes.
(15) Mount Hebron AME Zion Church is located on Jersey Street across from the
proposed location, approximately 253 feet away.
(16) The church opposes the sale and consumption of alcoholic beverages at the proposed
location because of moral and religious convictions and because of the proximity of the proposed
location to the church building.
(17) The church is opposed to the permit being issued because of the fear of loitering,
underage drinking, and increased traffic in close proximity to the church.
(18) Bi-Lo will continue to operate at the proposed location whether the permit is
granted or not.
(19) Petitioner is over twenty-one years of age, is a citizen of the State of South Carolina,
and has maintained his principal residence in South Carolina for more than thirty days.
(20) Petitioner has not had a permit/license revoked in the last five years.
(21) Petitioner is of good moral character.
(22) Notice of the application appeared in a newspaper of general circulation in the area
of the proposed location for three consecutive weeks and was posted at the proposed location for
fifteen days.
(23) DOR did not appear at the hearing and did not express opposition to the issuance of
the permit.
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) provides that the South Carolina
Administrative Law Judge Division is empowered 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) provides the criteria to be met by an
applicant for a beer and wine permit in South Carolina.
(3) As the trier of fact, an administrative law judge is authorized to determine the fitness
or suitability of the proposed business location of an applicant for a license/permit to sell liquor,
beer, and wine using broad but not unbridled discretion. Ronald F. Byers v. S.C. ABC
Commission, 316 S.E.2d 705 (S.C. App. 1984).
(4) The determination of suitability of a location is not necessarily a function solely of
geography. It involves 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. 335 (1985).
(5) The proposed location is suitable and proper, in light of the extensive commercial
nature of the area, the existence of other licensed locations in the vicinity, and the past history of
the Cheraw Bi-Lo management as a permittee.
(6) The proposed business activity is suitable and proper in that the permit sought is for
off-premises consumption; beer and wine purchased at the proposed location will most often be
purchased with other grocery items; and other supermarkets in the area are licensed to sell beer
and wine.
(7) Applicant meets the statutory requirements for issuance of a beer and wine permit.
ORDER
IT IS THEREFORE ORDERED that DOR issue to Petitioner the off-premises beer and
wine permit applied for.
_____________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
July ____, 1995
Columbia, South Carolina |
