South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Helen Miller Bledsoe and Pamela Lee d/b/a One Eyed Jacks Store vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Helen Miller Bledsoe and Pamela Lee d/b/a One Eyed Jacks Store

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
97-ALJ-17-0658-CC

APPEARANCES:
James H. Harrison, Attorney for Petitioner

Arlene D. Hand, Attorney for Respondent

Jerry W. Shaw, (pro se) Protestant
 

ORDERS:

ORDER AND DECISION

This matter comes before me pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1997) and S.C. Code Ann. §§ 1-23-310, et seq. (1986 & Supp. 1997) upon an application for an on-premises beer and wine permit filed with the South Carolina Department of Revenue and Taxation (hereinafter referred to as "DOR") by Petitioners for a location at 1533 Highway 177, Wallace, South Carolina. A hearing was held on February 9, 1998. The issues in controversy were:

(1) the suitability of the proposed business location; and (2) the moral character of the applicant(s). Upon review of the probative evidence and applicable law, the permit is granted.

FINDINGS OF FACT

By a preponderance of the evidence, I find:

  1. Helen Miller Bledsoe is the applicant for an on-premises beer and wine permit for a location at 1533 Highway 177, Wallace, South Carolina, having filed an application with DOR, AI #117015.
  2. Pamela Lee Turnage is the majority owner and operator of the business at the proposed location.




  1. Notice of the time, date, place, and subject matter of the hearing was given to the applicant, protestants, and DOR.
  2. The proposed location is in unincorporated Marlboro County, South Carolina, approximately .25 mile from the North Carolina state line.
  3. The proposed location will operate as a tavern and video gaming business.
  4. The proposed location previously operated as a tavern and video gaming business.
  5. The proposed location has been licensed to sell beer and wine for on-premises consumption since September, 1996.
  6. The immediate vicinity surrounding the proposed location is rural in nature, with three residences within 645 feet of the proposed location.
  7. There are no schools or playgrounds within close proximity of the proposed location.
  8. The only church within proximity to the proposed location, Lighthouse Full Gospel Church., is located 2,450 feet away.
  9. Petitioner's application is opposed by Jerry W. Shaw, who expressed safety concerns in opposing the issuance of the permit.
  10. Petitioner Helen Miller Bledsoe is over twenty-one years of age, is a citizen of the State of South Carolina, and has maintained her principal residence in South Carolina for more than thirty days.
  11. Petitioner Pamela Lee Turnage is over twenty-one years of age, is a citizen of the State of North Carolina, and maintains her principal residence in North Carolina
  12. Petitioner Helen Miller Bledsoe has not had a permit/license revoked in the last two years.
  13. Petitioner Helen Miller Bledsoe is of good moral character.
  14. Petitioner Pamela Lee Turnage is of good moral character.
  15. 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.
  16. Pursuant to a Partnership Agreement executed by Petitioners on May 21, 1997, (Respondent's Ex. #3) Pamela Lee Turnage and Helen Miller Bledsoe entered into a partnership for the purpose of conducting business at the proposed location.
  17. Under the partnership agreement, Bledsoe is designated as a "silent partner" and has a 1% interest in the business, with Turnage possessing the remaining 99% interest in the business.
  18. As the silent partner, Bledsoe's sole duty and authority under the agreement is to apply for and maintain a license to sell beer and wine for the proposed location.
  19. The proposed location is owned by members of the Langley family.
  20. Petitioners have a current lease for the proposed location from the Langleys.
  21. Patricia Ewing no longer operates a business at the proposed location.
  22. Ewing filed a lawsuit in Marlboro County against Petitioner Pamela Lee Turnage, et al., for monetary damages resulting from Ewing's eviction from the proposed location; however, that matter, Patricia Ewing, a/k/a Trish Ewing v. Roger Turnage, Pam Turnage, and Randolph Langley, Commons Pleas Docket No. 97-CP-34-131, was dismissed with prejudice upon settlement and consent of the parties.


CONCLUSIONS OF LAW

Based upon the foregoing Findings of Fact, I conclude as a matter of law the following:

  1. S.C. Code Ann. § 61-2-260 (Supp. 1997) provides that the South Carolina Administrative Law Judge Division is empowered to hear this case pursuant to Chapter 23 of Title I of the 1976 Code, as amended.
  2. S.C. Code Ann. § 61-4-520 (Supp. 1997) provides the criteria to be met by an applicant for a beer and wine permit in South Carolina.
  3. As the trier of fact, an administrative law judge is authorized to determine the fitness or suitability of the proposed business location of an applicant for a license/permit to sell liquor, beer, and wine using broad but not unbridled discretion. Ronald F. Byers v. S.C. ABC Commission, 281 S.C. 566, 316 S.E.2d 705 (Ct. App. 1984)
  4. The determination of suitability of a location is not necessarily a function solely of geography. It involves an infinite variety of considerations related to the nature and operation of the proposed business and its impact on the community within which it is to be located. Kearney v. Allen, 287 S.C. 324, 338 S.E.2d 335 (1985).
  5. Protestant's testimony that the well-being of the community would be jeopardized by the issuance of the permit was based upon opinion and conclusion and lacked specific factual support. Taylor v. Lewis, 261 S.C. 168, 198 S.E.2d 801 (1973).
  6. The proposed location is suitable for the sale of beer and wine for on-premises consumption.
  7. Petitioner Helen Miller Bledsoe meets the statutory requirements to hold a beer and wine permit as set forth in S.C. Code Ann. § 61-4-520(2) (Supp. 1997).
  8. As a partner and the manager of the operation, Petitioner Pamela Lee Turnage meets the statutory requirement of possessing good moral character, pursuant to S.C. Code Ann.

§ 61-4-520(1) (Supp. 1997).

  1. There is no statutory requirement that a non-applicant partner of an applicant for a beer and wine permit be a resident of the State of South Carolina.
  2. There is no statutory condition for issuance of a beer and wine permit which requires the applicant for or holder of a permit be a majority partner or have any managerial authority of the licensed premises.


ORDER

IT IS THEREFORE ORDERED that DOR issue to Petitioner Helen Miller Bledsoe the on-premises beer and wine permit applied for.



_____________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

April 28, 1998

Columbia, South Carolina


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