ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. §61-1-55 (Supp. 1993) and S.C.
Code Ann. §§1-23-310, et. seq. (Rev. 1986 and Supp. 1993) upon the application of Robert Alston,
Jr. for an on-premise beer and wine permit for Tear Drops located in Rembert, South Carolina. After
notice to the parties, a hearing was conducted on December 7, 1995. The issues considered were:
(1) the applicant's eligibility to hold a permit; and (2) the suitability of the proposed business location.
Based upon the evidence presented, the permit is granted with certain restrictions.
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. The applicant, Robert Alston, Jr. is 46 years old and has been a resident of South
Carolina for 27 years. He is a legal resident of the United States. He is employed by DuPont and is
a member of the South Carolina National Guard.
2. Alston has never been convicted of a crime and is a person of good moral character.
3. Although the proposed location has been licensed in the past, Alston has never held
any permits relating to the sale or consumption of beer, wine or alcoholic liquors.
4. Tear Drops is located at 5175 Black River Road in Rembert, South Carolina. It has
been licensed in the past for the sale of beer and wine. The location is a small white cinder block
building in an open field. There are some houses nearby but the area is mostly undeveloped land.
5. There are no schools or playgrounds nearby. Grant Hill Baptist Church is four-tenths
of one mile from the location. The church protested the application on the basis that the sale of beer
and wine in this community is in direct conflict to the teachings and the work of the church. The sale
of beer and wine along with its associated activities do not set the proper moral example for the
children in the community.
6. One of the residents next to the proposed location protested the application based
upon activity occurring at the location when it was last licensed about 20 years ago. She fears that
the loitering, loud music, and fights will recur. The church also protests any loud music that may
occur.
7. Alston intends to run the location himself with the help of family members. Tear
Drops would be open beginning in the early evening at 4:00 or 5:00 p.m. to 11:00 p.m. Tuesday
through Saturday. The location would be closed on other days. Alston does not intend to have any
live bands or loud music at the location.
8. To accommodate the members of the community, Alston would agree to a restriction
on the issuance of a beer and wine permit not to have live bands and to close the location at a certain
hour.
9. Notice of the application was posted at the location and published in The Item, a
Sumter County newspaper, for the time period required.
CONCLUSIONS OF LAW
1. The Administrative Law Judge is vested with the powers, duties and responsibilities
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. 1994).
2. S.C. Code Ann. § 61-9-320 (Supp. 1994) provides the statutory requirements for the
issuance of beer and wine permits. It provides in part that the location must be suitable.
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. 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 in 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).
DISCUSSION
The applicant meets the statutory requirement for the issuance of an on-premise beer and wine
permit. The location is a suitable one. This location has been licensed previously for the sale of
alcoholic beverages. The protestors fears relating to the on-premise consumption of beer and wine
are based upon activity occurring almost twenty years ago. There is no credible evidence that the sale
of beer and wine at this location would be detrimental to the community. The evidence offered was
speculative at best. However, because of the concerns of the community regarding the music and the
hours of operation, the applicant has agreed to certain restrictions which are reasonable.
During the hearing, the church protested because the sale and consumption of beer and wine
or alcoholic liquors does not set a good example for the youth in the community and will impede the
work of the church in setting a good example for children. This Division respects the rights of the
church and its members to abstain from the purchase and consumption of alcohol. However, the
determination of the suitability of a proposed location is not made based upon the local community's
religious conviction or morality. Criteria must be uniform, objective, and consistent throughout the
state. The sale of beer and wine, as regulated, is lawful in South Carolina. This Division must decide
to issue or deny a beer and wine permit based solely upon the relevant facts and the applicable law.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is therefore,
ORDERED, that the Department of Revenue and Taxation issue an on-premise beer and wine
permit to Robert Alston, Jr. for Tear Drops located at 5175 Black Water Road in Rembert, with the
following restrictions and conditions:
1. No speakers or devices to transmit sound or music to the outside are allowed;
2. Live bands or live entertainment are not permitted on the premises;
3. The location shall close each night not later than 12:00 midnight and shall not open
before for the sale of beer or wine before 5:00 p.m.
IT IS FURTHER ORDERED, that a violation of any of the items above is considered a
violation against the permit and may result in a fine, suspension, or revocation of the permit.
AND IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge Division
December ______, 1995
Columbia, South Carolina |
