ORDERS:
FINAL ORDER AND DECISION
This
matter arises out of the denial by the Department of Revenue (“Department”) of
the Petitioner’s application for 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). According to the Department’s Final Determination
letter 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 August 30, 2006 at 10:00 a.m. The court received a letter from the Protestant indicating that
it no longer protests the Petitioner’s application and that it would not attend
the hearing, thereby invalidating its protest. See S.C. Code Ann. §
61-4-525(C) (Supp. 2005) (“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 meets the statutory
requirements for the permit and license requested and would have granted the
application but for the protest, which has now been withdrawn and is invalid by
the terms of the applicable statutes, it is hereby
ORDERED that the contested case hearing scheduled for August 30, 2006 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 843 S. 6th Street,
Hartsville, South Carolina 29550 pursuant to S.C. Code Ann. §§ 61-4-525(C),
-540.
IT
IS SO ORDERED.
____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
August 23, 2006
Columbia, South Carolina |