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 |