ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. §§61-1-55, et seq. (Supp. 1995) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1995) for a
contested case hearing. The Petitioner, John J. Woodard, seeks an on-premise beer and wine permit
for the Circle W Bar. A hearing was held on February 20, 1996, at the office of Administrative Law
Judge Division, 1205 Pendleton Street, Columbia, South Carolina.
The application requested by the Petitioner is denied.
FINDINGS OF FACT
Having observed the witnesses and exhibits presented at the hearing and closely passed upon
their credibility, considering the burden of persuasion by the Parties or Protestants, I make the
following Findings of Fact by a preponderance of evidence:
1. Notice of the time, date, place and subject matter of the hearing was
given to the Petitioner, Protestants, and South Carolina Department
of Revenue and Taxation.
2. The Petitioner seeks an on-premise beer and wine permit for the
Circle W Bar at Route 1 Box 266 AB, Ware Shoals, South Carolina.
The proposed location is a small building located next to the
Petitioner's home.
3. The Petitioner seeks this beer and wine permit in a quiet, rural
residential area. The local community is composed of many elderly
individuals. Furthermore, there are several widows who live alone
near the proposed location.
4. The proposed location is adjacent to Highway 25. It is in the western
end of Laurens County. The Sheriff's office could provide the area
with adequate law enforcement. However, currently the resources of
the Department are focused on other areas of the county. Permitting
the proposed location would require a shift in the current law
enforcement strategy of the Department.
5. The proposed location is unsuitable for a beer and wine permit
because of its proximity to the nearby residences, the burden upon
law enforcement and the resulting negative impact that would occur
upon the local community.
CONCLUSIONS OF LAW
Based upon the above findings of fact, I conclude as a matter of law the following:
1. S.C. Code Ann. § 1-23-600 (Supp. 1995) grants jurisdiction to the
Administrative Law Judge Division to hear contested cases under the
Administrative Procedures Act.
2. S.C. Code Ann. § 61-1-55 (Supp. 1995) grants to the Administrative
Law Judge Division the powers, duties and responsibilities as hearing
officer in protested and contested matters governing alcoholic
beverages, beer and wine.
3. S.C. Code Ann. § 61-9-320 (Supp. 1995) sets forth the requirements
for the issuance of an off-premise beer and wine permit.
4. Although "proper location" is not statutorily defined, broad discretion
is vested in the trier of fact in deciding the fitness or suitability of a
particular location. Fast Stops, Inc. v. Ingram, 276 S.C. 593, 595,
281 S.E.2d 118, 119 (1981).
5. As the trier of fact, the Administrative Law Judge is authorized to
determine the fitness or suitability of the proposed business location
of a Petitioner for a permit to sell beer and wine using broad, but not
unbridled, discretion. Byers v. South Carolina ABC Commission, 281
S.C. 566, 316 S.E.2d 705, (Ct. App. 1984).
6. The determination of suitability of location is not necessarily a
function solely of geography. It involves an infinite variety of
considerations related to the nature and operations of the proposed
business and its impact upon the community within which it is to be
located. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335, (1985).
7. Permits and licenses issued by the state for sale of liquor, beer and
wine are not rights or property but are, rather, privileges granted in
the exercise of the state's police power to be used and enjoyed only if
the restrictions and conditions governing them are followed. Feldman
v. S.C. Tax Comm'm, 203 S.C. 49, 26 S.E.2d 22 (1943).
ORDER
Based upon the Findings of Fact and Conclusions of Law, it is hereby:
ORDERED AND ADJUDGED that the application of John J. Woodard for an on-premise
beer and wine permit is denied.
________________________________
Ralph King Anderson, III
Administrative Law Judge
March 4, 1996
Columbia, South Carolina |