South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Kathy D. Smith, d/b/a #1 Rebel vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Kathy D. Smith, d/b/a #1 Rebel

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0386-CC

APPEARANCES:
Kathy D. Smith

Petitioner, pro se

S.C. Department of Revenue and Taxation

Respondent (Not present at the hearing)

Protestant, pro se:

Sheriff Franklin McAllister

Florence County Sheriff's Office

(Not present at the hearing)
 

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. The petitioner seeks to have the restriction removed from her on-premises beer and wine permit (BW 531231), which was imposed in 1993 by the hearing officer presiding over her application hearing. The restriction prohibits Ricky W. Beard from "being involved as an employee or having a financial interest in this business."

After timely notice to the parties and the protestant, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina. The protestant of record, Sheriff Franklin McAllister, failed to appear. FINDINGS OF FACT

Having carefully considered all testimony 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 petitioner seeks to have the restriction removed from her on-premises beer and wine permit (BW 531231), which was imposed in 1993 by the hearing officer presiding over her application hearing.

2. The restriction prohibits Ricky W. Beard from "being involved as an employee or having a financial interest in this business."

3. The protestant of record, Sheriff Franklin McAllister, failed to appear at the hearing.

4. The Order dated November 1, 1993 issued by Hearing Officer Delton W. Powers, Jr. does not indicate the reason for prohibiting Ricky W. Beard from being employed or having a financial interest in the location other than indicating in Finding of Fact # 9 that, "[a] prior application was made by a Ricky W. Beard at this same location on May 4, 1993, and that application was denied."

5. The petitioner, Kathy D. Smith, indicated that she was not aware of the reason the restriction was placed on her permit.

6. Ricky W. Beard testified that he was convicted of possession of marijuana approximately eighteen (18) years ago. He was fined $3000.00 and placed on probation for three (3) years. Approximately six (6) years ago, Ricky W. Beard was convicted of unlawful possession of a pistol, according to his testimony. He was fined $400.25. Ricky W. Beard testified that he has not been convicted of any crimes, other than the two convictions indicated herein and has no other arrests.

7. Ricky Beard is a legal U. S. resident and a resident of the state of South Carolina.

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) and Chapter 23 of Title 1 of the 1976 Code, as amended, authorizes the South Carolina Administrative Law Judge Division to hear this case.

2. S.C. Code Ann. § 61-9-320 (Supp. 1994) establishes the criteria for the issuance of a beer and wine permit.

3. 23 S.C. Code Ann. Regs. 7-88 (1976) authorizes the imposition of restrictions to permits.

4. The record is devoid of any evidence which supports maintaining the restriction on the petitioner's permit.

ORDER

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

ORDERED that the Department of Revenue and Taxation shall remove the restriction from the petitioner's on-premises beer and wine permit (BW 531231).

AND IT IS SO ORDERED.

____________________________________

JOHN D. GEATHERS

Administrative Law Judge

Edgar A. Brown Building

1205 Pendleton Street

Columbia, South Carolina 29201



August 4, 1995


Brown Bldg.

 

 

 

 

 

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