ORDERS:
ORDER OF DISMISSAL
The above-captioned matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2002) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) upon Petitioner’s
request for a contested case hearing on its application for an on-premises beer and wine permit and
a non-profit, private-club minibottle license for an establishment located at 132 South Oakland Street
in Rock Hill, South Carolina. Although the Department of Revenue would have granted the permit
and license, the First Associate Reformed Presbyterian Church and the City of Rock Hill protested
the issuance of Petitioner’s requested permit and license. Accordingly, the Department transmitted
the case to this tribunal for a hearing on the permit and license application.
By an Order and Notice of Hearing dated March 20, 2003, a hearing on Petitioner’s
application was scheduled for 10:00 a.m. on Tuesday, June 17, 2003, at the Administrative Law
Judge Division in Columbia, South Carolina. Because it had no evidence to present regarding the
suitability of Petitioner’s proposed location, the Department was excused from appearing at the
hearing of this matter. At the time of the scheduled hearing, however, Petitioner failed to appear
before this tribunal. Therefore, after delaying the hearing for approximately twenty minutes, and
having received no word from Petitioner, this tribunal found Petitioner to be in default under ALJD
Rule 23 and dismissed this case on the record.
Therefore, as Petitioner has been found in default for failing to appear at the contested case
hearing on its permit and license application,
IT IS HEREBY ORDERED that the above-captioned case is DISMISSED.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
June 17, 2003
Columbia, South Carolina |