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:
Alton Freeman, Jr., d/b/a Freeman's Meat Center vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Alton Freeman, Jr., d/b/a Freeman's Meat Center

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
00-ALJ-17-0145-CC

APPEARANCES:
Petitioners & Representative: Alton Freeman, Jr., d/b/a Freeman's Meat Center, James H. Harrison

Respondents & Representative: South Carolina Department of Revenue, Arlene D. Hand, Esquire

Parties Present: Petitioner not present, but represented by presence of counsel; Respondent excused; Protestants present.
 

ORDERS:

FINAL ORDER AND DECISION

I. Introduction



Alton Freeman, Jr., (Freeman) filed with the South Carolina Department of Revenue (DOR) an application for an on-premises beer and wine permit to be used at Freeman's Meat Center at 1101 West Main Street, Bennettsville, South Carolina. Protests were filed by Rev. I. D. Hodge, Rev. Hazel Jacobs, and Rev. Willie Gibson as representatives of various churches in the community. Rev. Hodge and other members of the community were present at the hearing.



II. Findings of Fact



Freeman's actions in this case are consistent with the actions of one who has abandoned his request for a permit, and I so find. For example, while counsel for Freeman appeared at the hearing, Freeman was not in attendance even though Freeman's presence was requested by counsel. Most telling, the telephone at the intended place of business has been disconnected. In addition, despite counsel's repeated requests that Freeman contact counsel, Freeman has not contacted counsel and has not provided needed facts to support the application.



III. Conclusions of Law



Freeman, as the applicant seeking a permit, has the burden of establishing he is entitled to the permit. 29 Am. Jur.2d Evidence § 127 (1994); 2 Am Jur.2d Administrative Law § 360 (1994); Alex Sanders, et. al., South Carolina Trial Handbook, § 9:3 Party with Burden, Civil Cases (1994). Here, Freeman presented no evidence to establish a basis for granting the permit. Rather, by failing to personally appear at the hearing and by failing to provide factual support when requested by counsel, Freeman has demonstrated an abandonment of his application. Accordingly, the application must be denied.



IV. Order



Based upon the Findings of Fact and Conclusions of Law, it is hereby ordered:



DOR is ordered to deny Alton Freeman, Jr.'s application for an on-premises beer and wine permit for Freeman's Meat Center, 1101 West Main Street, Bennettsville, South Carolina.





AND IT IS SO ORDERED.





_________________________________

RAY N. STEVENS

Administrative Law Judge



Dated: April 24, 2000

Columbia, South Carolina


 

 

 

 

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