ORDERS:
FINAL ORDER AND DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division ("Division") pursuant to
S.C. Code Ann. § 61-2-80 (Supp. 1998) and S.C. Code Ann. § 1-23-600 (Supp. 1998) for a hearing
pursuant to the application of James Moss, Jr., d/b/a Sanddollar Tavern (APetitioner@) for a sale and
consumption (minibottle) license and an on-premises beer and wine permit at 1632 Sea Island
Parkway, St. Helena Island, South Carolina.
A hearing was held before the Administrative Law Judge Division in Columbia, South
Carolina, on April 27, 1999. Notice of the time, date, place and nature of the hearing was timely
given to all parties including the protestants.
The application was formally protested by members of St. Helena Baptist Church. Reverend
Eric Sloan was present at the hearing to speak on behalf of the protestants. The protestants argue
that the application for the minibottle license should be denied because the establishment is within
500 feet of the St. Helena Baptist Church.
The South Carolina Department of Revenue ("Department") took no position as to the
grant/denial of the license and permit.
The license and permit request by the petitioner is granted.
FINDINGS OF FACT
After consideration and review of all the evidence and testimony and having judged the
credibility of the witnesses, by a preponderance of the evidence, I make the following findings of
fact:
1. Notice of the date, time, place and subject matter of the hearing was timely given to
the Petitioner, Respondent, and Protestants.
2. This Division has personal and subject matter jurisdiction.
3. The applicant is seeking a sale and consumption license and an on-premises beer and
wine permit for a bar/restaurant at 1632 Sea Island Parkway, St. Helena Island, South Carolina.
4. The applicant leases this property from his father, James Moss, Sr.
5. Flora Mae Kane leased this property from James Moss, Sr. from May, 1989 until July,
1998. Ms. Kane had an on-premises beer and wine permit at this establishment from May, 1989
through July, 1998. Ms. Kane had a sale and consumption license at this establishment from June,
1991 through July, 1998.
6. If the distance requirement is met, the applicant meets all of the other statutory
requirements relating to the sale and consumption license set out in S.C. Code Ann. § 61-6-1820
(Supp. 1998).
7. The applicant meets all of the statutory requirements relating to the on-premises beer
and wine permit set out in S.C. Code Ann. § 61-4-520 (Supp. 1998).
8. The Sanddollar Tavern is not within the city limits so the distance requirement from
the church that must be met is a minimum of 500 feet pursuant to S.C. Code Ann. § 61-6-120 (Supp.
1998).
9. According to SLED's standard measurements of the distance between the door of the
Sanddollar Tavern and St. Helena Baptist Church's main driveway, the distance is 520 feet.
10. Reverend Sloan testified that, according to his measurements, the distance between
the church property line and the door of the Sanddollar Tavern is 440 feet. He also testified that the
distance between the church parking lot and the door of the Sanddollar Tavern is 544 feet.
11. After the members of the St. Helena Baptist Church filed their protests, the church
purchased new property which brings the church's property line much closer to the Sanddollar
Tavern. The distance between the driveway on this new property and the door of the Sanddollar
Tavern is about 200 feet.
CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, I conclude as a matter of law, the following:
1. S.C. Code Ann. § 1-23-600 (Supp. 1998) grants jurisdiction to the Administrative
Law Judge Division to hear contested cases under the Administrative Procedures Act.
2. S.C. Code Ann. § 61-4-525 (Supp. 1998) grants to the Administrative Law Judge
Division the powers, duties and responsibilities as a hearing officer in protested and contested
matters governing alcoholic beverages, beer and wine.
3. S.C. Code Ann. § 61-6-120 (Supp. 1998) provides in part:(A) The department shall not grant or issue any license provided for
in this article or Article 7 of this chapter, if the place of business is
within three hundred feet of any church, school, or playground
situated within a municipality or within five hundred feet of any
church, school, or playground situated outside of a municipality.
Such distance shall be computed by following the shortest route of
ordinary pedestrian or vehicular travel along the public thoroughfare
from the nearest point of the grounds in use as part of such church,
school, or playground....
4. 23 S.C. Code Ann. Regs. 7-11 (1976) provides in part:
With respect to a church or a school, the distance shall be
measured from the nearest entrance of the place of business by
following the shortest route of ordinary pedestrian or vehicular travel
along the public thoroughfare to the nearest point of entrance to the
grounds of the church or school, or any building in which religious
services or school classes are held, whichever is the closer. The
Alcoholic Beverage Control Commission has determined that the
grounds in use as part of the church or school is restricted to the
grounds immediately surrounding the building or buildings which
provide ingress or egress to such building or buildings and does not
extend to the grounds surrounding the church which may be used for
beautification, cemeteries, or any purpose other than such part of the
land as is necessary to leave the public thoroughfare and to enter or
leave such building or buildings.
Only one entrance to the grounds of a church or school shall
be considered, to wit: the entrance to the grounds nearest an entrance
to the church or school building.
Where no fence is involved, the nearest entrance to the
grounds shall be in a straight line from the public thoroughfare to the
nearest door.
The nearest point of the grounds in use as part of a playground
shall be limited to the grounds actually in use as a playground and the
grounds necessary for ingress or egress to such grounds from the
public thoroughfare.
5. Ethel M. Washington, d/b/a Washington's Party Shop/ABC Store v. South Carolina
Department of Revenue and Taxation, Docket No.: 94-ALJ-17-0108-CC, Interlocutory Order, (filed
July 13, 1994) interpreted the appropriate method for calculating the measurement from the proposed
location to a church, school, or playground.
6. Beginning at the front door of the proposed location as a starting point, the path
of travel must be the "shortest route of ordinary pedestrian or vehicular travel along the public
thoroughfare" (the shortest distance to either walk or drive across public property or roads to get
to the destination). The end of the measurement is the "nearest point of entrance to the grounds
of the ... church, or any building in which ... services. . . or classes are held, whichever is the
closer." The destination is dictated by the location of the point of entrance to the grounds of the
church.
The "point of entrance to the grounds" of the church means a sidewalk, driveway, parking
lot, path stairway, carport, courtyard, plaza, etc., or a combination of any of the above used in
ordinary pedestrian or vehicular travel leading directly from a boundary of the church property
on a public thoroughfare to the nearest door of the nearest church building used for services or
classes. In other words, if a parking lot or sidewalk connects the street to the closest door of the
church, the measurement should be taken from the front door of the business location to the
closest point where the church sidewalk or parking lot abuts the street. Ethel M. Washington,
d/b/a Washington's Party Shop/ABC Store, Docket No.: 94-ALJ-17-0108-CC, Interlocutory
Order, (filed July 13, 1994).
8. The appropriate measurement in this case is from the actual front door of the
Sanddollar Tavern on Sea Island Parkway to the main driveway leading to the church. According
to SLED measurements and the measurements from Reverend Sloan, this distance is between 520
feet and 544 feet.
9. Based upon these measurements, the Sanddollar Tavern is more than 500 feet from
the St. Helena Baptist Church and, therefore, meets the requirements of S.C. Code Ann. § 61-6-120 (Supp. 1998).
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby
ORDERED that the Department of Revenue shall issue a sale and consumption license and
an on-premises beer and wine permit to James Moss, Jr., d/b/a Sanddollar Tavern upon the
payment of the appropriate fees.
AND IT IS SO ORDERED.
Marvin F. Kittrell
Chief Administrative Law Judge
May 20, 1999
Columbia, South Carolina. |
