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. (1986 & Supp. 1994) upon an application for a temporary
beer and wine permit for Sunday, September 3, 1995, at 3208 Lamar Highway, Darlington, South
Carolina, by Thomas R. Taylor filed with the South Carolina Department of Revenue and
Taxation (hereinafter referred to as "DOR"). A hearing was held on August 17, 1995. The
purpose for which Petitioner seeks a temporary permit is not authorized for issuance. The
temporary permit is therefore denied.
FINDINGS OF FACT
By a preponderance of the evidence, I find:
(1) Applicant seeks a temporary beer and wine permit for a location at 3208 Lamar
Highway, Darlington, South Carolina, for Sunday, September 3, 1995, having filed an application
with DOR, TB #104409.
(2) Notice of the time, date, place, and subject matter of the hearing was given to the
parties.
(3) Applicant holds a permanent beer and wine permit for the proposed location,
BW #723849, which he operates as a convenience and grocery store.
(4) The Southern 500 is an annual stock car race held at the Darlington International
Raceway, which will be held this year on Sunday, September 3, 1995.
(5) The Southern 500 was moved from Labor Day to the preceding Sunday several years
ago. Because of this change and Petitioner's inability to sell beer on race day, Petitioner's profits
have been adversely affected.
(6) The proposed location is located on Lamar Highway, a major route used by
spectators going to and from the Southern 500.
(7) While the proposed location sells to race patrons, it is not officially part of the
Southern 500 itself and is not physically located on Raceway property.
(8) Darlington County has never conducted a referendum on the issue of allowing Sunday
sales of beer, wine, or liquor.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude, as a matter of law, the following:
(1) The South Carolina Administrative Law Judge Division is empowered to hear this
case pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1994) and Chapter 23 of Title I of the 1976
Code, as amended.
(2) Pursuant to S.C. Code Ann. § 61-9-90 (Supp. 1994), it is generally unlawful to sell or
offer for sale any wine or beer between the hours of twelve o'clock Saturday night and sunrise
Monday morning.
(3) S.C. Code Ann. §§ 61-5-180 and 61-9-312 (Supp. 1994) provides for the issuance of
a special twenty-four hour temporary permit to allow possession, sale, and consumption of liquor,
beer and wine on Sundays in those counties or municipalities in which a local referendum has been
adopted approving such permits.
(4) As no referendum has been conducted in Darlington County pursuant to S.C. Code
Ann. §§ 61-5-180 or 61-9-312 (Supp. 1994), no twenty-four hour temporary permit may be
issued under S.C. Code Ann. §§ 61-5-180 or 61-9-312 (Supp. 1994) for any location in
Darlington County.
(5) S.C. Code Ann. § 61-9-360 (Supp. 1994) provides for the issuance of special fifteen-
day beer and wine permits; however, "[s]uch permits shall be issued only for locations at fairs and
special functions."
(6) While the Southern 500 is a special function as contemplated by S.C. Code Ann.
§ 61-9-360 (Supp. 1994), Applicant's business premises is not located at the special function,
and is not officially connected with the event.
ORDER
IT IS THEREFORE ORDERED that the temporary beer and wine permit applied for by
Petitioner is denied.
________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
August 29, 1995
Columbia, South Carolina |
