ORDERS:
FINAL DECISION
This matter comes before me pursuant to S.C. Code Ann. 61-9-320 and S.C. Code Regs. 7-17 upon
application requests for an on-premises beer and wine permit(AI 107844) and a club sale and consumption
("minibottle") license (AI 107845) by Abraham Jeter, d/b/a Army Navy Union Garrison #4051 ("Applicant") for the
premises located at 933 Howard Street, Spartanburg, Spartanburg County, South Carolina ("location").
A hearing was held on October 18, 1996 at the Spartanburg County Courthouse, Spartanburg, South Carolina
after notice to the parties and the sole Protestant, the Spartanburg County Sheriff ("Protestant"). The applications
were protested by the Spartanburg County Sheriff based on the issue of suitability of the location and the availability
of police protection. The Protestant did not appear nor send a representative to the hearing. The South Carolina
Department of Revenue ("Department") denied Petitioner's applications based upon the issue of unsuitability due to
the large number of violations which were written at the location when previously operated as a club and on the
contention that Petitioner is not a qualified bona fide corporation for permitting purposes and thus is not entitled to
a club sale and consumption license.
The application request for the on-premise beer and wine permit is granted; however, the application
request for the club sale and consumption ("minibottle") license is denied.
EXHIBITS
Those certified copies of documents forwarded to the Administrative Law Judge Division ("Division") from the
Department's file were made a part of the record.
Various other exhibits including photographs at the proposed location were entered into the record at the
hearing by Applicant and Respondent.
FINDINGS OF FACT
After consideration and review of all the evidence and testimony presented, and with an opportunity to
observe the witnesses and form an opinion with respect to their credibility, I make the following findings by a
preponderance of the evidence:
1. This Division has personal and subject matter jurisdiction.
2. Notice of the date, time, place and nature of the hearing was timely given to all parties and the Protestant.
3. Applicant is seeking an on-premise beer and wine permit and a club sale and consumption
("minibottle") license as a nonprofit corporation for a private club located at 933 Howard Street, Spartanburg,
Spartanburg County, South Carolina.
4. The Army Navy Union Garrison #4051 was incorporated as a nonprofit corporation, having been
granted a certificate of incorporation by the Secretary of State on April 5, 1996.
5. Applicant's corporation adopted by-laws which were ratified by the members and Directors on April
1, 1996. They provided for a board of directors consisting of not less than three nor more than five members who
shall be elected by the members to serve for a term of one year or until a successor shall have been elected or
qualified. They further provided that the entire board of directors or any individual director may be removed, with or
without cause, by Abraham Jeter, Jr.
6. The by-laws of Army Navy Union Garrison #4051 do not provide a definite fixed method for electing
persons into its membership.
7. The by-laws do provide for the election of a President, Vice-President(s), a Secretary, a Treasurer
and other Assistant Officers.
8. The by-laws also provide that the salaries of the officers are to be fixed from time to time by
Abraham Jeter, Jr. Further, they provide that upon dissolution or the voluntary or involuntary liquidation of the
corporation, Abraham Jeter, Jr. shall be entitled to receive the net assets of the corporation after the payment of all
legitimate debts, expenses and other charges. They also allow Mr. Jeter to alter, amend or repeal them, in his sole
discretion.
9. On the license application, Abraham Jeter, Jr., is listed as the only member of the corporation and
as the President. However, during testimony, Applicant stated that Albert Brantley Phillips had been elected President
two years ago.
10. Presently, the Applicant is the manager of Army Navy Union Garrison #4058 located near the
intersection of Reidville Road and Interstate 26 in Spartanburg County, South Carolina. He receives a weekly salary of
$350.00. The officers and members of that club are the same individuals who are proposing this club and will also be
its members and officers.
11. Applicant is over twenty-one years of age, is a citizen of the State of South Carolina, and has
maintained his principal residence in South Carolina for more than thirty days.
12. Applicant has not had a permit/license revoked in the last five years.
13. Applicant is of good moral character. He has no criminal record.
14. Notice of the application appeared in a newspaper of general circulation in the area of the proposed
location for three consecutive weeks and was posted at the proposed location for fifteen days.
15. The location is not within 500 feet of any school, church or playground.
16. The location fronts on a paved road and is surrounded primarily by commercial establishments, i.e.,
a used car lot, laundry, liquor store and a used furniture store.
17. Applicant held a beer and wine permit and a sale and consumption license in his name at this
location between the years of 1988 and 1994. Several violations were written against him during this period which
were for the consumption of liquor by a non-member. However, since he has operated the Reidville Road club, there
have been no ABC violations. No testimony was presented in opposition to the grant of the permit or to the issue of
unsuitability of location for the permit.
19. Applicant does not intend to conduct a bona fide business engaged primarily and substantially in
food preparation and service or the furnishing of lodging at the location.
18. The location is suitable for the issuance of a beer and wine permit.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude as a matter of law the following:
ORDER
Based upon the above Findings of Fact and Conclusions of Law, It is hereby:
ORDERED that the club sale and consumption (minibottle) license (AI 107845) applied for by Abraham Jeter,
Jr. d/b/a Army Navy Union Garrison #4051 for the premises located at 933 Howard Street, Spartanburg, Spartanburg
County, South Carolina is hereby denied, and
IT IS FURTHER ORDERED that the on-premise beer and wine permit (AI 107844) applied for by Abraham
Jeter, Jr. d/b/a Army Navy Union Garrison #4051 for the premises located at 933 Howard Street, Spartanburg,
Spartanburg County, South Carolina is granted with the following restrictions, upon the applicant signing a written
agreement to be filed with the Department to adhere to the stipulations set forth below:
1. No outside speakers shall be installed on the exterior of the building or outside the building at the location;
2. All exterior doors at the location shall remain closed at all times except when employees or patrons
are entering or exiting the building; and
3. Applicant shall not serve beer or wine later than 12:00 a.m. Monday through Thursday and Saturday
evenings and shall not serve beer or wine later than 1:00 a.m. on Friday evenings.
IT IS FURTHER ORDERED that a violation of any one of the above conditions is considered a violation
against the permit and may result in a fine, suspension, or revocation.
IT IS FURTHER ORDERED that the Department of Revenue and Taxation shall issue the permit upon
payment of the required fees and costs by the Applicant.
AND IT SO ORDERED.
_________________________________
MARVIN F. KITTRELL
CHIEF JUDGE
Columbia, South Carolina
October 30, 1996 |