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 pursuant to the application of
Robert A. Bonnette. The applicant seeks an on-premises beer and wine permit (AI 102939) and a
sale and consumption ("minibottle") license (AI 102940) for a restaurant located at 2110
Greenridge Road, Suite #C, within the City of North Charleston, County of Charleston, South
Carolina.
After timely notice to the parties, a hearing was held at the Administrative Law Judge
Division in Columbia, South Carolina. 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 and a minibottle license; (2) the suitability of the proposed business location; and, (3) the
nature of the proposed business activity. The application for an on-premises beer and wine permit
and a minibottle license is hereby granted.
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 on-premises beer and wine permit and a minibottle license
for a restaurant located in North Charleston at 2110 Greenridge Road, Suite #C.
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 strip mall at the intersection of Greenridge
Road and Rivers Avenue, which is a major four lane highway.
4. The area surrounding the proposed location is commercial in nature. There are
five (5) business, in addition to the proposed location, in the strip mall: Lenz Dry Cleaning,
Barber's Edge, ABC's of Travel, Health Nuts, and Baskin Robins. Other businesses in the vicinity
of the proposed location include: Citgo, Doctor's Care, Polly's Jewelry, and River Park Mall.
5. No church, school, or playground is within close proximity to the proposed
location. The nearest church is approximately 1484 feet away from the proposed location.
6. The proposed location is currently operated as a restaurant which serves lunch and
dinner, with hours of operation from 11:30 a.m. to 12:00 a.m. Menus are available and the
business is currently engaged primarily and substantially in the preparation and service of meals.
7. The proposed location has seating capacity for at least fifty (50) people
simultaneously at tables for the service of meals.
8. The applicant, Robert A. Bonnette, has operated and managed the proposed
location as a restaurant since May 18, 1995.
9. A Class A restaurant license has been issued to the applicant for the restaurant,
Wing's.
10. The applicant leases the proposed location from Steve Crawford.
11. No concrete evidence was presented to show that the issuance of an on-premises
beer and wine permit and a minibottle license, as requested by the applicant, would have an
adverse impact on the community.
12. The protestant, Pastor Jack G. Channell, testified that he did not oppose the
issuance of a beer and wine permit because of the distance from the proposed location to his
church. However, this protestant testified that his reason for opposition to the application was
the location of the business. He expressed concern for traffic safety if the permit and license were
granted. Protestant, Donald Cain, expressed concern for maintaining the character of the
neighborhood located on Greenridge Road approximately 3000 feet from the proposed location.
13. The applicant is of good moral character.
14. 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 on-premises beer and wine permit and a minibottle
license.
15. The applicant held an alcohol and beverage license in Mount Pleasant, South
Carolina for ten (10) years (1985-1994) without being cited for any violations. The applicant has
not had an alcohol and beverage permit or license revoked within two years of the date of his
application.
16. Notice of the application appeared in The Post and Courier, 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. S.C. Code Ann. § 61-5-50 establishes the criteria for the issuance of a minibottle
license.
4. Although "proper location" is not statutorily defined, broad discretion is vested in
the 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).
5. 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 permit to sell beer and
wine using broad, but not unbridled discretion. Ronald F. Byers v. South Carolina ABC Comm'n,
281 S.C. 566, 316 S.E.2d 705 (Ct. App. 1984).
6. 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 operations 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.2d 335 (1985); Schudel v. South Carolina ABC Comm'n, 276
S.C. 138, 276 S.E.2d 308 (1981).
7. There was not a sufficient evidentiary showing that the present location is
unsuitable or that the issuance of an on-premises beer and wine permit and a minibottle license
would affect the residents' safety, create traffic problems, or have an adverse impact on the
community. The proposed location and the nature of the business activity are suitable and proper
given the commercial nature of the area in which the proposed location is situated.
8. The denial of a license or permit to an applicant on the ground of unsuitability of
location is without evidentiary support when relevant testimony of those opposing the requested
license or permit consists entirely of opinions, generalities, and conclusions not supported by
facts. Smith v. Pratt, 258 S.C. 504, 189 S.E.2d 301 (1972); Taylor v. Lewis, 261 S.C. 168, 198
S.E.2d 801 (1973).
9. Without sufficient evidence of an adverse impact on the community, the
application must not be denied if the statutory criteria are satisfied. The fact that the issuance of a
permit or license is protested is not a sufficient reason by itself to deny the application. See 45
Am. Jur. 2d Intoxicating Liquors § 162 (Supp. 1994); 48 C.J.S. Intoxicating Liquors § 119
(1981). The grounds proffered by the protestants as justification for denial of the applicant's
permit are speculative and/or not supported by sufficient evidence.
10. The location is suitable and proper for the issuance of an on-premises beer and
wine permit and a minibottle license.
11. The applicant satisfies all of the statutory requirements for holding an on-premises
beer and wine permit and a minibottle license.
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby:
ORDERED that an on-premises beer and wine permit and a minibottle license is granted
for the location at 2110 Greenridge Road, Suite #C, North Charleston, South Carolina.
IT IS FURTHER ORDERED that the Department of Revenue and Taxation issue an
on-premises beer and wine permit and a minibottle license upon the payment of the required fee(s)
and cost(s) by the applicant.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
July 17, 1995 |
