ORDERS:
CONSENT ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. §61-4-520; §61-4-525; §61-6-20(2); §61-6-1610(A) & (B); §61-6-1820; §61-6-1825; and 23 S.C. Code Ann. Regs. 7-19 (1976) following the Petitioner's request for a contested case
hearing. The Petitioner, JoAnn A. Robinson, d/b/a Club Parlay, seeks an on-premises beer and wine permit and a business
sale and consumption minibottle license. The South Carolina Department of Revenue ("DOR") denied the Petitioner's
application because the proposed location had not met the statutory requires of §61-6-1820(1); §61-6-1610(A) &(B); §61-6-20(2); & 23 S.C. Code Ann. Regs. 7-19 (1976). In addition, Protestants filed a written protest with DOR disputing the
suitability of the location. Upon the Petitioner's request, DOR transmitted this matter to the Administrative Law Judge
Division ("ALJD") for a hearing. A hearing was held on November 2, 1999 at the ALJD in Columbia, South Carolina.
FINDINGS OF FACT
Having carefully considered the record and stipulations entered by counsel for the parties, I find by a preponderance of the
evidence:
1. The Petitioner, JoAnn A. Robinson, d/b/a Club Parlay, seeks an on-premises beer and wine permit and a business sale and
consumption minibottle license for her establishment located at 1846 Old Folly Beach Road, James Island, South Carolina
29412, in Charleston County.
2. The parties and the Protestants were notified of the time, date, place and subject matter of this hearing.
3. The Protestants did not move to intervene as parties in this matter.
4. Neither of the Protestants in this matter, Evangelist Deborah Green and Deacon James F.
Green, Sr., nor a representative on their behalf, appeared or communicated with the ALJD.
5. DOR stipulated that the Petitioner meets the statutory suitability requirements to hold the
on-premises beer and wine permit and the business sale and consumption minibottle
license and does not challenge her suitability.
6. DOR moved to issue the on-premises beer and wine permit.
7. The DOR moved to issue the business sale and consumption minibottle license conditioned on the Petitioner's meeting
the statutory requirements of §61-6-20(2);
§61-6-1610(A) &(B); §61-6-1820 and 23 S.C. Code Ann. Regs. 7-19 (1976) within thirty
(30) days of the date of this Consent Order and Decision as confirmed by a final inspection of the location by the South
Carolina Law Enforcement Division.
8. The Petitioner consented to the DOR's motion.
CONCLUSIONS OF LAW
Based on these Findings of Fact, I conclude:
1. The ALJD has subject matter jurisdiction in this matter pursuant to Chapter 23 of
Title 1 of the 1976 Code, as amended.
2. The Petitioner meets that statutory personal requirements to hold the requested on-premises beer and wine permit and
the business sale and consumption minibottle license.
3. Similarly, the location must be suitable prior to the DOR's issuance of a business sale and consumption minibottle
license. S.C. Code Ann. §61-6-1820 (Supp. 1998); S.C. Code o§61-6-20(2) (Supp. 1998); §61-6-1610(A) & (B); and 23
S.C. Code Ann. Regs. 7-19 (1976).
CONSENT ORDER AND DECISION
THEREFORE, the DOR shall grant the Petitioner's application for an on-premises beer and wine permit. DOR shall issue
the business sale and consumption minibottle license conditioned upon the Petitioner's meeting the statutory requirements of
S.C. Code Ann. § 61-6-8820 (Supp. 1998); S. C. Code §61-6-20(2) (Supp. 1998); §61-6-1610(A) & (B); and 23 S.C. Code
Ann. Regs. 7-19 (1976) within thirty (30) days of the date of this Consent Order and Decision, as confirmed by a final
inspection of the location by the South Carolina Law Enforcement Division for the establishment located at 1846 Old Folly
Beach Road, James Island, South Carolina 29412, in Charleston County.
I So Move: I Consent on Behalf of Petitioner:
Daphne Dell Sipes William J.
Thrower
Counsel for Regulatory Litigation 3844-A Leeds Avenue
Office of General Counsel Charleston, South Carolina 29405
S.C. Department of Revenue (843) 9529-9000
P. O. Box 125 Fax # (843) 529-9907
301 Gervais Street
Columbia, South Carolina 29214
(803) 898-5163
Fax # (803) 898-5446
AND IT IS SO ORDERED.
RAY N. STEVENS
ADMINISTRATIVE LAW JUDGE
Dated: November 16, 1999
Columbia, South Carolina |
