ORDERS:
ORDER AND DECISION
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-1-55 (Supp.
1995) and S.C. Code Ann. §§ 1-23-310, et seq. (Supp. 1995) for a hearing on the application of
David R. Kaveh. Petitioner seeks an on-premises beer and wine permit (AI 107848) for a
restaurant located at West Highway 200 in Fairfield County near Winnsboro, South Carolina.
After timely notice to the petitioner and the protestants, a hearing was held at the
Administrative Law Judge Division in Columbia, South Carolina. Several protestants appeared at
the hearing. The protestants did not move to intervene as parties. This tribunal addressed the
following issues at the hearing: (1) the petitioner's eligibility to hold a beer and wine permit; (2)
the suitability of the proposed location for an on-premises beer and wine permit, (3) the nature of
the proposed business activity.
This tribunal hereby grants an on-premises beer and wine permit to petitioner David R.
Kaveh with conditions.
FINDINGS OF FACT
Having carefully considered all testimony and arguments presented at the hearing, and
taking into account the credibility and accuracy of the evidence, I make the following Findings of
Fact by a preponderance of the evidence:
1. Petitioner seeks an on-premises beer and wine permit for a restaurant located at
West Highway 200 in Fairfield County near Winnsboro, South Carolina.
2. Petitioner's application to the South Carolina Department of Revenue and
Taxation was made a part of the record by reference without objection.
3. The proposed location is situated at the intersection of Highway 200 and Highway
41 in Fairfield County.
4. No church, school, or playground is within close proximity to the proposed
location.
5. The proposed location has been permitted for on-premises and off-premises
consumption of beer and wine since approximately 1948 and is currently licensed with a
temporary on-premises beer and wine permit. One of the protestants, Thomas W. Carter, stated
that his mother operated the proposed location as a service station from 1948 to 1956, and most
of this time she held a permit for off-premises consumption of beer and wine. From 1956 to
1995, the proposed location has been permitted with on-premises beer and wine permits. Prior to
the operation of the proposed location by petitioner in January of 1996, the protestants did not
have any objection to the operation of the location or its sale of beer and wine.
6. Petitioner leases the proposed location from Mary Jane Parker.
7. Petitioner operates the proposed location |
