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:
Cleveland B. Bellamy, d/b/a The Country Depot vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Cleveland B. Bellamy, d/b/a The Country Depot
2310 Oswego Road, Sumter, SC

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
01-ALJ-17-0199-CC

APPEARANCES:
n/a
 

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


 

 

 

 

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