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:
Thai Top Thai Cuisine, LLC, d/b/a Thai Top Thai Cuisine vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Thai Top Thai Cuisine, LLC, d/b/a Thai Top Thai Cuisine

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
08-ALJ-17-0071-CC

APPEARANCES:
n/a
 

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the statutory requirements for the permit requested and would have granted the permit but for the protest—which is now withdrawn and is therefore invalid by the terms of the applicable statutes—it is hereby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


~/pdf/080071.pdf
PDF

 

 

 

 

Copyright © 2025 South Carolina Administrative Law Court