| ORDERS:
 
 ORDER
             The
    above-captioned matter comes before this Court pursuant to S.C. Code Ann. §
    61-2-260 (Supp. 2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2005), and S.C. Code
    Ann. §§ 1-23-310 et seq. (2005) for a contested case hearing.  In this
    matter, Petitioner Punchibar, LLC, seeks an on-premises beer and wine permit
    and a license to sell liquor by the drink for its restaurant, Mi Tierra,
    located at 1262 Remount Road in North Charleston, South Carolina.  Respondent
    South Carolina Department of Revenue (Department) denied Petitioner’s
    application for the permit and license because of protests regarding the
    suitability of the proposed location filed by the City of North Charleston and
    by John and Marie Genes, a couple residing on property immediately behind the
    location.  After timely notice to the parties and the protestants, a hearing of
    this case was held on August 17, 2006, at the South Carolina Administrative Law
    Court in Columbia, South Carolina.  As discussed below,
    Petitioner entered into a number of stipulations upon its license at the
    hearing that alleviated the concerns of the protestants, such that they were
    willing to withdraw their protest of Petitioner’s permit and license
    application. STIPULATIONS             Pursuant
    to ALC Rule 25(C), Rule 43(k), SCRCP, and 23 S.C. Code Ann. Regs. 7-200.1(I)
    (Supp. 2005), Petitioner stipulated at the hearing to the following
    requirements being incorporated into its permit and license as conditions of
    licensure:             1.         Petitioner
    stipulated that it would construct a six-foot-high, wooden privacy fence along
    the rear of its property and along the portion of its property bordering North
    Murray Avenue, to ensure that the property is only accessible from Remount
    Road.             2.         Petitioner
    stipulated that it would place additional lighting behind the establishment to
    fully illuminate the area to the rear of the business.             3.         Petitioner
    stipulated that it would implement a policy requiring patrons to either enter
    the restaurant or leave the property, in order to prevent loitering on the
    property.             4.         Petitioner
    stipulated that a violation of local noise ordinances committed by its
    establishment would constitute a violation of its permit and license.  With
    regard to noise issues, Petitioner further stipulated that it would investigate
    better ways to sound-proof the establishment.             Pursuant
    to Regulation 7-200.1(I), these stipulations are incorporated into the basic
    requirements for the enjoyment and privilege of obtaining and retaining Petitioner’s
    beer and wine permit and liquor-by-the-drink license and shall have the same
    effect as any and all laws and any and all other regulations pertaining to the
    permit and license.  23 S.C. Code Ann. Regs. 7-200.1(I) (Supp. 2005).  Further,
    a knowing violation of the terms of these stipulations shall constitute
    sufficient grounds to suspend, revoke, or otherwise penalize Petitioner’s
    permit and license.  Id.  With the incorporation of these stipulations
    into the terms of Petitioner’s permit and license, the protestants of record,
    John and Marie Genes, agreed at the hearing to withdraw their protest of
    Petitioner’s application and to consent to the issuance of the permit and
    license in question. ORDER             Based
    upon the agreement of the parties reached at the hearing of this matter,             IT
    IS HEREBY ORDERED that the Department shall GRANT Petitioner’s
    application for an on-premises beer and wine permit and restaurant license to
    sell liquor by the drink for the premises located at 1262 Remount Road in North
    Charleston, South Carolina, with the incorporation of the stipulations stated
    above as conditions upon the issuance and retention of the permit and license.             AND
    IT IS SO ORDERED.              ______________________________ JOHN D. GEATHERS Administrative Law Judge 1205 Pendleton Street, Suite 224 Columbia, South Carolina 29201-3731 August 22, 2006 Columbia, South Carolina 
 
 
  
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