ORDERS:
FINAL ORDER AND DECISION
This
matter arises out of the denial by the Department of Revenue (“Department”) of
the Petitioner’s application for the renewal of an on-premises beer and wine
permit, based on the receipt of a timely written protest of the application. See S.C. Code Ann. § 61-4-525(B) (Supp. 2007). According to the Agency Information
Sheet filed with the court, the Department would have issued the requested
permit but for the protest.
The
court previously scheduled a contested case hearing in this matter for April 30,
2008. On April 29, 2008, the Protestant informed the court that he was
withdrawing his protest to the Petitioner’s application. See S.C. Code
Ann. § 61-4-525(C) (Supp. 2007) (“If the protestant, during the investigation
expresses no desire to attend a contested hearing and offer testimony, the
protest is considered invalid, and the department shall continue to process the
application and shall issue the permit if all other statutory requirements are
met.”). Because the Department found that the applicant met the statutory
requirements for the permit requested and would have granted the permit but for
the protest—which is now withdrawn and is therefore invalid by the terms of the
applicable statutes—it is hereby
ORDERED that the contested case hearing scheduled for April 30, 2008, is cancelled. It
is further
ORDERED that this matter is remanded to the Department of Revenue with instructions to
continue processing the Petitioner’s application and to issue an on-premises
beer and wine permit for the location at 3795 E. North Street, Suite 11,
Greenville, South Carolina 29615, pursuant to S.C. Code Ann. §§ 61-4-525(C),
-540 (Supp. 2007).
IT
IS SO ORDERED.
____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
June 1, 2008
Columbia, South Carolina
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