South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Krishna of Swansea, Inc., d/b/a Tiger Stop vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Krishna of Swansea, Inc., d/b/a Tiger Stop

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
07-ALJ-17-0543-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter is before the South Carolina Administrative Law Court (ALC or Court) for a contested case hearing upon the request of Petitioner (Petitioner or Permittee) filed October 22, 2007. An expedited hearing on the merits of this matter was held on Thursday, December 6, 2007 at 10:00 a.m. at the ALC.

The “Department Determination” dated October 18, 2007 indicated that the South Carolina Department of Revenue (Department) received a timely protest from Edward Amaker on August 31, 2007. The Department further stated that “Other than the question of the suitability of the location as stated in the public protest, the Department has found that the Applicant has met all other statutory requirements for licensure.”

At the hearing on the matter, Edward Amaker agreed to withdraw his protest based upon the Petitioner’s agreement to adhere to the following stipulations:

1)                           Permittee will not display beer/wine signs in the store windows nor permit any beer/wine advertisements on the outside of the store including the parking area;

2)                           Permittee will use his best efforts to help keep Mt. Pleasant Baptist Church’s (Church) grounds clear of any beer/wine containers or other litter from Permittee’s store;

3)                           Permittee will use his best efforts to keep unauthorized persons from parking in the Church parking lot AND will use his best efforts to cause the Swansea Police Department to patrol the Church parking lot and remove any unauthorized persons;

4)                           Permittee will not permit the playing of loud music on the licensed premises;

5)                           Permittee will not schedule events at licensed premises on Sundays that would interfere with traffic coming from and going to the Church;

6)                           If requested by the Church’s attorney, Permittee will sign an agreement confirming these restrictions which can be filed with and enforced by the Court of Common Pleas of the Eleventh Judicial Circuit.

Based on the fact that the Department would have issued Petitioner’s off-premises beer and wine permit but for the timely filed public protest, and based on the fact that the Protestant withdrew his protest due to the aforementioned stipulations,

IT IS HEREBY ORDERED that the South Carolina Department of Revenue continue processing Petitioner’s application for an off-premises beer and wine permit for its location at 495 Church St., Swansea, South Carolina.

IT IS FURTHER ORDERED that if issued, the permit shall be made subject to the stipulations as set forth in numbers 1-6, above.

AND IT IS SO ORDERED.

____________________________

John D. McLeod

Administrative Law Judge

December 10, 2007

Columbia, South Carolina


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