ORDERS:
ORDER AND DECISION on MOTION for RECONSIDERATION
This matter is before the Administrative Law Judge Division (ALJD) upon Petitioner's
Motion for Reconsideration of the Division's Order in this case dated March 7, 1996 (incorporated
herein by reference as "Order"). After the contested case hearing was held on March 6, 1996, the
Order was issued granting the off-premise beer and wine permit subject to Petitioner signing an
agreement with the South Carolina Department of Revenue and Taxation ("Department") to adhere
to five restrictions. One of the restrictions limited the sale of beer and wine to between the hours of
6:00 p.m. and 11:00 p.m., Monday through Saturday. After notice to all parties, a hearing was held
on the Motion at the ALJD offices in Columbia, South Carolina on April 3, 1996. At the hearing and
in his Motion, Petitioner argues that the hours of operation of the permitted location "were not found
to be a concern" in the Order and thus the daily time restriction placed on the beer and wine sales was
unfounded. Further, Petitioner argues to so limit their sales puts him at a "significant and
unwarranted competitive disadvantage" with other nearly locations similarly permitted to sell beer
and wine.
Larry Dean Runyon, owner and operator of Southside Grocery, which is the closest
convenience store to Petitioner's location, testified that his permit is unrestricted. However, his hours
of operation and thus the sale of beer and wine never extend past 11:00 p.m. Further, he was
agreeable to have them so restricted at the hearing.
Petitioner's location is in a rural area, surrounded by residences. I find that the nearby
homeowners have the right to live and sleep peacefully in their own homes and that no good reason
was shown by Petitioner for allowing the sale of beer and wine after 11:00 p.m. The arguments by
Petitioner only revisit those raised at the original hearing. I am not swayed to modify or reverse my
previous Order.
Accordingly, it is hereby
ORDERED that the Motion is denied and my previous Order remains in effect in its entirety.
AND IT IS SO ORDERED.
_____________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
April 9, 1996 |
