ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1995) and S.C.
Code Ann. §§ 1-23-310, et seq. (Rev. 1986 & Supp. 1995) upon the application of Virgil L. Lynch
for an on-premises beer and wine permit for Across the Bridge located at 1013 Sandbar Ferry Road,
Beech Island, South Carolina. After notice to the parties, a hearing was conducted on December 1,
1995. Major Jody Rowland of the Aiken County Sheriff's Department requested that the Sheriff 's
Department be made a party to the proceeding to protest the issuance of a beer and wine permit at
this location. The request was granted. Based upon the evidence presented, the application is denied.
FINDINGS OF FACT
I make the following findings of fact, taking into consideration the burden on the parties to
establish their respective cases by a preponderance of the evidence, and taking into account the
credibility of the witnesses:
1. Virgil L. Lynch was born on February 29, 1952 and is over twenty-one years of age.
2. He is a legal resident of the United States and is a resident of South Carolina.
3. Mr. Lynch has no criminal history and he is a person of good moral character.
4. No permits or licenses for the sale of alcoholic liquors, beer or wine have been issued
to Mr. Lynch and no violations have ever been issued or revocations.
5. The proposed location is 1013 Sandbar Ferry Road in Beech Island, South Carolina,
approximately one to two miles from the Georgia state line. It is also located in the same block as
the applicant's home.
6. Beech Island is a rural community located 16 miles from North Augusta, South
Carolina. Sandbar Ferry Road is also known as Highway 28 which extends from Georgia to Aiken.
7. Across the Bridge will be a cafe and sports bar in which food and beverages will be
served. Mr. Lynch also proposes to hold special events at the location including barbecues and
receptions. There will be no live entertainment.
8. The proposed hours of operation are 7:00 p.m. to 12:30 a.m. on Monday; 7:00 p.m.
to 11:00 p.m. on Wednesday and Thursday; 3:00 p.m. to 1:30 a.m. on Friday; 3:00 p.m. to 12:00
midnight on Saturday; closed on Sunday and Tuesday.
9. Under previous ownership, the location was operated as a nigthclub which was
licensed to sell beer and wine. The license for the location was revoked in 1993 by the former
Alcoholic Beverage Control Commission. Lynch subsequently purchased the property and is
extensively renovating the building.
10. The location is not near any schools or playgrounds. St. Johns House of Worship is
located 344 feet from the proposed location.
11. The Sheriff is protesting the application because of the past history of the location.
He argues that the events and complaints occurring under the previous tenant and cited in the 1993
ABC Commission order (Exhibit 6); its close proximity to a retail liquor store and other beer and
wine locations; loitering in the vicinity; and the accessibility of law enforcement warrant denial of the
permit.
12. There is a retail liquor store located one hundred feet next door to the proposed
location. Next to the liquor store, on the corner, is a tackle and bait shop that sells beer and wine to
go. On the other side of the proposed location, about 75 feet away, is an auto repair shop. There
is no parking for these businesses except in the open space in front of the proposed location. Across
the street, there is a gas station which also has a beer and wine permit for sales to go. All of the
licensed locations are within approximately 200 feet of the proposed location.
13. A majority of the reasons for protesting the application concern the activities occurring
at the location when previously licensed. Most of the activity involved illegal drugs, weapons, and
loitering. The ABC Commission determined that the location was a public nuisance. Efforts by the
licensee did not curb any of the activity occurring inside and outside of the location.
14. Since the license was revoked and the location closed, there has been a significant
reduction in the number of calls to the area. The number of incidents involving violent crimes has
also decreased since the location closed.
15. The ABC Commission order sets forth specific instances in which law enforcement
were also endangered by virtue of the large number of people present outside the location.
16. The Aiken County Sheriff provides police protection for Beech Island. One deputy
is assigned to this area. The response time for law enforcement to Beech Island is approximately 28
minutes. Lack of financing prohibits the location of a sheriff substation in the area.
17. Notice of the application was posted at the location and published in the Aiken
Standard for the time period required.
18. The proposed location is unsuitable for a beer and wine permit because of the burden
upon law enforcement to police the location, the number of existing businesses selling beer and wine
in close proximity to the proposed location, and the resulting negative impact that would occur upon
the local community.
CONCLUSIONS OF LAW
1. The Administrative Law Judge is vested with the powers, duties and responsibilities
of the former Alcoholic Beverage Control Commission and hearing officers pursuant to Chapter 23
of Title 1. S.C. Code Ann. § 61-1-55 (Supp. 1995).
2. S.C. Code Ann. § 61-9-320 (Supp. 1995) provides the statutory requirements for the
issuance of beer and wine permits. It provides in part that the location must be suitable.
3. Although "proper location" is not statutorily defined, broad discretion is vested in the
trier of fact in determining the fitness or suitability of a particular location. Fast Stops, Inc. v.
Ingram, 276 S.C. 593, 281 S.E.2d 118 (1981).
4. As the trier of fact, the Administrative Law Judge is authorized to decide the fitness
or suitability of the proposed business location for a permit to sell beer and wine using broad, but not
unbridled, discretion. Byers v. S.C. ABC Comm'n, 281 S.C. 566, 316 S.E.2d 705 (Ct. App. 1984).
5. 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).
6. The applicant meets the statutory requirements for issuance of a beer and wine permit
except as to suitability of the proposed location.
7. The proposed location is not suitable considering the impact of the sale and
consumption of beer upon criminal activity in the area and past law enforcement problems. Palmer
v. S.C. ABC Comm'n, 282 S.C. 246, 317 S.E.2d 476 (Ct. App. 1984).
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
ORDERED, that the application of Virgil L. Lynch for an on-premises beer and wine permit
for "Across the Bridge" located on Sandbar Ferry Road in Beech Island is DENIED.
AND SO IT IS ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
February _____, 1996
Columbia, South Carolina |
