ORDERS:
ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1995) and S.C.
Code Ann. § 1-23-310, et seq. (Rev. 1986 & Supp. 1995) upon the application of Kevin Joseph for
an off-premise beer and wine permit for Kevin's Quick Stop located in Darlington, South Carolina.
The Department determined that the Petitioner met the statutory qualifications for the issuance of the
beer and wine permit. The application was protested by the Darlington Police Department. The only
issue raised is the moral character of the applicant.
After notice to the parties, a hearing was conducted on June 19, 1996. Based upon the
evidence presented, the application is granted.
FINDINGS OF FACT
Based upon the evidence and testimony presented, 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. Kevin Joseph is over the age of twenty-one and is a life-long resident of South
Carolina and a legal resident of the United States.
2. He had never been issued any permits or licenses for the sale of beer, wine or alcoholic
liquors and has never had a license or permit suspended or revoked.
3. According to the applicant, he has been convicted of possession of beer by a minor
while in high school and disorderly conduct in 1994 stemming from an argument with his girlfriend.
In both instances he was fined.
4. Police records indicate convictions in 1990 and 1991 for possession of beer by a minor
and drinking in public. The Darlington Police Department also had a record for assault and battery.
The evidence presented did not indicate whether this was an arrest or a conviction. The investigative
report prepared for the Department does not contain any conviction for disorderly conduct or assault
and battery.
5. There have been no other violations involving the sale or consumption of alcoholic
beverages.
6. The proposed location is 1211 South Main Street in Darlington. The location is next
to a retail liquor store and has been licensed as a party shop in the past. The proposed hours of
operation would be Monday through Saturday, 9:00 a.m. to 7:00 p.m.
7. Diane Parrot would assist Joseph in operating the location. She has not been
convicted of a crime.
8. Although, the location is in a high crime area, the Police Department does not feel that
the location contributes to the criminal activity occurring in the community. It is protesting the
application because of the criminal record of the applicant. Because of the increase in the number of
accidents involving minors and alcohol consumption the Department feels that proprietors of stores
should be stringently controlled. The department is concerned about Joseph's convictions for
possession and consumption of beer while a minor.
9. There is a crime prevention officer with the police department who acts as a liaison
with businesses. The officer provides classes and instruction to all businesses to assist in the
prevention of crime and criminal activity including alcohol sales.
10. Notice of the application was posted at the location and published in the Darlington
News and Press for the time period required by law.
CONCLUSIONS OF LAW
Based upon the findings of fact, I conclude as a matter of law the following:
1. The Administrative Law Judge is vested with the powers, duties and responsibilities
exercised 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. 1995).
2. S.C. Code Ann. § 61-9-320 (Supp. 1995) provides the statutory requirements for the
issuance of beer and wine permits. It provides in part that the applicant must be of good moral
character.
3. There is no single criterion or standard for determining the meaning of the term "good
moral character" and the licensing authority must judge whether the acts and conduct shown are
sufficient in themselves or as an index to character to disqualify an applicant. 2709 Op. Att'y. Gen.
159 (1969); 48 C.J.S. Intoxicating Liquors § 105 at 470. The Division would not be justified in
refusing a license based simply upon a "moral appraisal", or because the previous misconduct is not
relevant to the conduct of the business for which the license is sought.
4. Joseph's convictions for the possession and consumption of beer while a minor
occurred five years ago. He has admitted that his conduct was wrong and attributes the conduct to
immaturity. He understands that the sale of beer to a minor may result not only in criminal penalties
but also to the suspension or revocation of a beer and wine permit if granted.
5. The disorderly conduct conviction does not disqualify the applicant from being eligible
to obtain a beer and wine permit. The conviction is not related to any conduct for which the license
is sought and does not affect his moral character.
6. Kevin Joseph is of suitable moral character for the issuance of a beer and wine permit.
7. The protest was related to the applicant's moral character and not to the suitability
of the location, therefore, the location is a suitable one.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
ORDERED, that the Department shall issue an off-premise beer and wine permit to the
applicant, Kevin Joseph, for Kevin's Quick Stop located at 1211 South Main Street in Darlington
upon the payment of the appropriate fees. It is strongly encouraged that Mr. Joseph take advantage
of the programs or training materials offered by the Alcohol Enforcement Unit of the State Law
Enforcement Division (SLED) on sales of alcoholic beverages.
AND IT IS SO ORDERED.
_______________________________
ALISON RENEE LEE
Administrative Law Judge
June _____, 1996
Columbia, South Carolina |
