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. (Rev. 1986 and Supp.
1995) for a hearing pursuant to the application of Don E. Broyles, Winners Circle Mini Mart, Inc.,
d/b/a Winners Circle Mini Mart #22, (applicant or Petitioner) for an off-premise beer and wine permit
(AI 105881) at Box 1037A, Highway 200, Great Falls, Fairfield County, South Carolina (location).
A hearing was held at the Administrative Law Judge Division, Edgar A. Brown Building,
1205 Pendleton Street, Columbia, South Carolina. The issue was the suitability of the business of
the location.
Reverend Michael E. Sollers, Pastor of Evangel Temple; Reverend Larry Roberts, Pastor of
Mt. Zion Baptist Church; Reverend Tony Medlin, Pastor of Bethesda Methodist Church; Reverend
W.L. Faile, Pastor of Mitford Baptist Churchy; together with five to six other individuals were
present at the hearing to protest the application request.
At approximately 2:15 p.m. the hearing commenced. The Petitioner was not present. After
reviewing the file and questioning Reverend Sollers, it appears that the request by the Petitioner
should be dismissed with prejudice for several reasons: First, Petitioner failed to respond to the Order
of this tribunal dated January 26, 1996 requiring a prehearing statement to be filed with this Division;
second, Petitioner failed to notify this Division of any reason he could not be in attendance at the
hearing; third, Petitioner failed to appear at the hearing to carry his burden showing that the permit
should be granted; fourth, a number of protestants who had notified Petitioner of their opposition to
the permit, travelled to the hearing, at their own expense, and were able and willing to testify in
opposition to the granting of the permit but were denied that opportunity. Accordingly, it is hereby
ORDERED that the application request of Don E. Broyles, Winners Circle Mini Mart, Inc.,
d/b/a Winners Circle Mini Mart #22, for an off-premise beer and wine permit at Box 1037A, Highway
200, Great Falls, Fairfield County, South Carolina, is denied and the action is dismissed with
prejudice.
AND IT IS SO ORDERED.
___________________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
March 6, 1996 |
