Byers v. South Carolina Alcoholic Beverage Control Commission

Cureton, Judge:

The respondents, Byers and Smith, petitioned the South Carolina Alcoholic Beverage Control Commission for a permit to sell beer and wine at The Hayloft, a club they contemplated purchasing. The Commission denied the petition on the ground that the location was unsuitable. The circuit court reversed the Commission’s decision, finding there was no evidence of the unsuitability of the location and thus the decision was clearly erroneous in view of the substantial evidence. The Commission appeals.

The Commission first argues that the circuit court erred in concluding that the…