ORDERS:
ORDER STAYING PRECEDING
STATEMENT OF THE CASE
This matter is before the Division on the application of Joshua Selph, Samuel Selph and Diane
Selph for a retail liquor license for Joshua's Liquor Store located at Route 3 Box 415, Hemingway,
South Carolina. Although three persons names are listed on the application as owners of the
business, the actual applicant is Joshua Selph. The Department conducted the background
investigation on Joshua Selph. Nemiah Selph protested the application on the basis that the property
upon which the liquor store is located is not owned by the petitioner and the applicants do not have
the permission of the owner to use the property for this purpose.
After notice to the parties, a hearing was scheduled for March 3, 1997. At the hearing, the
sole issue to be addressed was the authority of the applicants to have access to the property and the
ownership of the property for purposes of granting a retail liquor license. Based upon the arguments
and information presented, this matter is STAYED pending resolution of an action filed in civil court
in Williamsburg County regarding the ownership of the property.
DISCUSSION
The application for a retail liquor license was signed by Joshua Selph and lists Joshua Selph,
Samuel Selph, and Diane Selph as the owners of the business to be known as Joshua's Liquor Store
in Hemingway, South Carolina. The applicant is Joshua Selph. One of the questions listed on the
application is "Who owns the land and/or building where this business is to be located?" The answer
given was "Joshua Selph, Samuel Selph, Diane Selph and others".
As part of the investigation conducted by the State Law Enforcement Division (SLED), the
investigating officer issued a written report in which he stated that the ownership of this property is
currently in litigation and is still pending. Barbara Boatwright, sister of the applicant, had a retail
liquor license at the location. She along with Nemiah Selph protested the application. Additional
documents in the Department's investigative file indicate that there is a question of ownership of the
property. Documentation demonstrates that there is no lease agreement for the property but that the
liquor store was operated as a family business.
At the hearing, the parties produced numerous deeds transferring the ownership of property.
The property was originally owned by the parents of the applicant and protestor. The Petitioner also
presented a copy of the civil action initiated in circuit court to determine ownership of the property.
As part of that action, the plaintiffs are seeking to void several of the transactions made by Joe Self
(the father of the applicant). Joe Self is now deceased and a probate court action is also pending as
is alleged in the complaint. The circuit court action is captioned as stated below:
"Samuel J. Selph, Joshua Selph, Diane Selph, Mable Selph, James Selph, Alexander Selph, Joseph
Selph, Wilhelmenia Selph Gray, Margaret Selph Daniels, Cathleen D. Self, And The Estate of Joe Self
By And Through The Personal Representative, Samuel J. Selph, Plaintiffs, v. Eli Selph, Barbara Selph
Boatwright, Nemiah Selph and Lillie M. Whitfield, and Other Unknown Persons Claiming Any Right,
Title or Estate, Interest or Lien Upon The Real Estate Described Herein; Any Unknown Infants or
Persons Under Disability Being In A Class Designated Richard Roe, Defendants." Court of Commons
Pleas, Williamsburg County, Docket No.: 96-CP-45-27.
The Department of Revenue, as a party in this action, has indicated that Joshua Selph meets
the statutory qualifications for the issuance of the permit. The only issue presented by the protestor
is one of access to the property for the purposes of operating a retail liquor store. The question of
ownership as raised in the circuit court action must be resolved before any license or permit may be
issued. The parties are in agreement that this pending case be held in abeyance. Therefore, it is
ORDERED, that in the interest of judicial economy and to prevent potential inconsistent
rulings, this matter is STAYED.
It is further ORDERED, all parties are under a continuing duty to provide a copy of any Order
rendered by the circuit court in the matter pending before it.
AND IT IS SO ORDERED.
___________________________
ALISON RENEE LEE
Administrative Law Judge
March 13, 1997
Columbia, South Carolina |
