Gay v. City of Beaufort
Docket: No. 3980
Court: Court of Appeals of South Carolina; April 18, 2005; South Carolina; State Appellate Court
The appeal concerns the Beaufort City Council's decision to revoke Walter Gay’s business license for conducting tours in the historic district due to his vehicle being classified as a "theme vehicle," which is prohibited. Gay, operating as Sandlapper Trolleys, initially received his business license on August 5, 2002. Shortly after, the city indicated the license would be revoked because his vehicle was deemed a "trolley" under Beaufort City Ordinance section 7-11002. Gay requested a reconsideration and sought changes to the ordinance. The city council referred the matter to the city manager, city attorney, and the Tourist Management Advisory Commission for review. Following the Commission's recommendation that Gay's vehicle fell under the "trolley" definition in the ordinance, the council voted to revoke the license in 2003. Gay appealed to the circuit court, which upheld the council's decision. Under the standard of review, the court does not disturb the city council's findings unless they are arbitrary or lack evidentiary support. Gay contended that his vehicle did not qualify as a "theme vehicle" as defined in the ordinance. However, the ordinance defines a "theme vehicle" as one designed to create a specific identity, including trolleys. Gay’s own representations referred to his vehicle as a trolley, and the city manager and attorney corroborated this classification based on the vehicle's design. Ultimately, the city council agreed that while the vehicle resembled a bus, its design categorized it as a theme vehicle, justifying the revocation of Gay's license. The circuit court's affirmation of the council's decision is supported by a preponderance of the evidence, leading to the final affirmation of the trial court's ruling.