ORDERS:
FINAL ORDER AND DECISION
I. Statement of the Case
Charles Hellwig (Hellwig) on behalf of Greenville 0036, LLC, d/b/a Tiki Bob's Cantina, (Tiki Bob's)
filed with the South Carolina Department of Revenue (DOR), an application for an on premises beer
and wine permit and a mini-bottle license for a restaurant located at 18 E. North St., Greenville,
South Carolina. A protest was filed by Larry M. Robinson (Robinson) seeking to prevent DOR from
granting the application.
In this matter, DOR would have granted the permit and license but for the protest. The protest
argues that the beer and wine permit and the mini-bottle license should not be granted since the
protestant was discriminated against at this location. Thus, discrimination is the only basis for the
challenge.
II. Analysis
An individual applying for a mini-bottle license as well as the principals in charge of an association
must have "good moral character." S.C. Code Ann. § 61-6-1820(2). The same is true for one
seeking a beer and wine permit. S.C. Code Ann. § 61-4-520(1). One means of establishing a lack of
good moral character is through specific evidence establishing that a location practices forbidden
discrimination. See, In the Matter of: Rose Z. Salter, President, Salter Enterprises, Inc., d/b/a
Buffalo Room, 1208 Georgia Avenue, North Augusta, South Carolina, Order of ABC
Commission, October 24, 1989 (there the permit and license held by Rose Z. Salter for the Buffalo
Room were revoked based upon a finding that the requisite good moral character was lacking since
food and beverage service was denied to certain patrons through racially discriminatory practices).
In the instant case, no forbidden discrimination is present here.
Robinson is a white male retired from service in the armed forces. During 2003, at the current
location, Robinson engaged in a brief conversation with a female to whom he gave (as Robinson
characterized it) a "humorous flyer."
Shortly after, the location manager asked Robinson to leave
the premises (which Robinson did) with the manager telling Robinson, "We don't need you or your
kind in here." Further, Robinson was told he was barred from returning to the location.
Under these facts, the unfortunate incident does not constitute forbidden discrimination. Rather, at
best, the evidence merely shows the manager's view of humor differs from Robinson's view. Further,
the manager's statement to Robinson makes no specific reference to any of the more common forms
of discrimination such as sex, race, religion, age, etc. Even more persuasive, the applicant stipulated
at the hearing that Robinson is not barred from entering the location and that he may enter the
location at any time the location is open to the public. Thus, no current discrimination exists as to
Robinson and no showings of past discriminations exist to establish a lack of good moral character.
IV. Order
Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:
DOR is ordered to grant Charles Hellwig's application filed on behalf of Greenville 0036, LLC, d/b/a
Tiki Bob's Cantina for an on premises beer and wine permit and a mini-bottle license at 18 E. North
St., Greenville, South Carolina.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 26, 2004
Columbia, South Carolina |
