ORDERS:
ORDER AND DECISION
This matter comes before the Administrative Law Judge Division on the application of Joan
Walker for an on-premises beer and wine permit for the Green Leaf Cafe located at 296 South West
Street in Pinewood, South Carolina. After notice to the parties, a hearing was conducted on March
3, 1995.
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, Joan Walker is a thirty-five year old resident of South Carolina and a
legal resident of the United States.
2. She has no criminal record and is a person of good moral character.
3. Walker has never held any permit or license for the sale of beer, wine or alcoholic
beverages and no violations have ever been issued against her.
4. Notice of the application was published in the Sumter Item newspaper and was posted
at the location for the time period required by law.
5. The proposed location is 296 South West Street also known as Highway 120 in
Pinewood. It is not near any schools.
6. The proposed hours of operation 5:00 p.m. to 12 midnight, Monday through Saturday,
closed on Sunday. The location was previously licensed to sell beer and wine on-premises to
Geraldine Brown. She held the permit for over fifteen years. Nathaniel Brown operated the location
during that time. He died. There were no problems with law enforcement during the time Brown
was licensed except as to people standing in the street. The building is fifteen feet from the street and
does not have a sidewalk.
7. Charles Hearn, the police chief and the city administrator for water and sewer,
appeared to protest the application because there is no running water or water meter for the location
and he questions the availability of bathroom facilities inside the location. As police chief, he has
observed the traffic congestion caused when people stand in the street because the building is too
close to the road and has seen people urinating outside beside the location. The applicant admits that
there is no running water at the location and does not plan to obtain a meter unless the permit is
granted.
8. Pinewood Baptist Church objects to the application on the basis that it is located too
close to the church and its parking lot which in the past has interfered with the various weekday
services because of the loud noise and people in the street. The church is located about 300 feet from
the location.
9. The mayor of Pinewood protested the application on the basis that the location is too
close to a playground. The playground is fenced in, has basketball and tennis courts, and an area for
other playground equipment. Entrance to the playground is located about 487 feet from the proposed
location.
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 Ann. § 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. A permit must not be issued if the applicant is not a suitable
person to be licensed or the place of business is not a suitable place.
3. The determination of suitability of the proposed location is not necessarily a function
solely of geography. It may involve 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.2d 335 (1985).
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).
5. A beer and wine permit issued by the State is a privilege granted in the exercise of the
police power of the State. It may be used and enjoyed only so long as the restrictions and conditions
governing it are fulfilled. This Division is authorized to place restrictions and conditions on the
permit or license. See Feldman v. South Carolina Tax Commission, 203 S.C. 49, 26 S.E.2d 22
(1943).
6. The concerns expressed about the availability of rest rooms inside the location and the
people obstructing traffic directly affect the health and safety of the patrons and the surrounding
neighbors. Both the church and the playground are buffered from the location by not only the
highway but also the railroad tracks. This creates a buffer zone to shield them from potential
problems. The club has agreed not to open on Sunday and its hours of operation do not directly
affect the hours the playground would be in use although the playground may be in use during a
portion of that time.
ORDER
It is therefore ORDERED that the Department of Revenue and Taxation issue an on-premises
beer and wine permit to Joan Walker for the Green Leaf Cafe located at 296 South West Street in
Pinewood upon the following restrictions and conditions:
1. The Department shall not issue the permit until a water meter has been
connected and proof of water and sewer service has been established.
2. The Department shall not issue the permit until it is firmly established through
documentation that there are working rest rooms facilities inside the location.
3. No parking or loitering in the front or the side of the location. Patrons must
not stand in the street in front of the location.
4. The business must not open on Sundays.
It is FURTHER ORDERED that a violation on any of the above conditions is considered
a violation against the permit and may result in a fine, suspension, or revocation.
AND IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
April ____, 1995
Columbia, South Carolina. |
