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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