ORDERS:
ORDER OF DISMISSAL
A request for a contested case hearing in this matter was filed with the Administrative Law Judge
Division (ALJD) on April 30, 2001. Petitioner applied for an on-premise beer and wine permit with
the South Carolina Department of Revenue (Department). The Department's Agency Transmittal stated
that based on the information submitted in the Petitioner's application and the investigation of the South
Carolina Law Enforcement Division, Petitioner would have been issued the permit but for the question
of the suitability of the location raised by Protestant Betty R. Dagley. By letter dated May 16, 2001,
Petitioner Bellamy informed this tribunal that he no longer requests an on-premise beer and wine
permit, but instead requests an off-premises beer and wine permit. By letter dated May 19, 2001,
Protestant Betty R. Dagley informed this tribunal that she does not protest the sale of beer and wine at
the above referenced location for off-premise consumption.
The Department would have issued the on-premise permit but for the protest by Ms. Dagley. Since
Petitioner has indicated that he requests an off-premise permit and not an on-premise permit, and the
Protestant does not protest an off-premise permit, there is no longer a protest to this permit.
IT IS THEREFORE ORDERED that the Department of Revenue shall proceed in processing the
Petitioner's application for an off-premise beer and wine permit.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
May 24, 2001
Columbia, South Carolina |