South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
803 Club-A Non-Profit Corporation, d/b/a 803 Club vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
803 Club-A Non-Profit Corporation, d/b/a 803 Club
132 South Oakland Street, Rock Hill, South Carolina

Respondent:
South Carolina Department of Revenue

Intervenors:
City of Rock Hill, and the First Associate Reformed Presbyterian Church
 
DOCKET NUMBER:
03-ALJ-17-0114-CC

APPEARANCES:
Paul W. Dillingham, Esquire
For Intervenors
 

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. Footnote

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


 

 

 

 

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