ORDERS:
ORDER
Petitioner Joseph H. Moore, through his counsel, filed a Motion For Reconsideration on July
7, 1998, requesting this tribunal to reconsider its June 29, 1998 Order denying Petitioner's request
for a hearing on the suitability of his proposed location for a beer and wine permit. Petitioner
contends that this tribunal failed to address his argument that a failure to grant him a hearing on the
merits constitutes a denial of equal protection under both the United States and South Carolina
Constitutions. Petitioner contends that numerous similar locations have been found suitable by both
the Department of Revenue and the Administrative Law Judge Division since 1989, despite being
closer to churches and schools than Petitioner's proposed location.
In this matter, Petitioner Joseph H. Moore applied for an off-premises beer and wine permit
for a location at the intersections of Highways 301 and 378 in Tuberville, South Carolina. In an
Order filed June 29, 1998, this tribunal ruled that Petitioner was not entitled to a hearing on the
merits of the suitability of the location because no material change had occurred at the location since
the ABC Commissioner denied the application in 1989. See Moore v. South Carolina Alcoholic
Beverages Control Comm'n, 308 S.C. 160, 417 S.E. 2d 555 (1992) (upholding the Commission's
decision to deny Petitioner's application).
The South Carolina Supreme Court has already ruled in this matter, and this tribunal is bound
by its decision. Until a material change occurs at the proposed location, Petitioner is not entitled to
a hearing on the suitability of the location. Petitioner's equal protection claim is without merit and
is hereby denied.
ORDER
Based upon the foregoing, IT IS HEREBY ORDERED that Petitioner's Motion is denied.
AND IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
August 3, 1998
Columbia, South Carolina |
