ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, the petitioner and the protestants agreed to settle this
matter. Pursuant to Rule 43(k), SCRCP, and the recent holdings of Ashcroft Corp., etc. v.
Palmetto Constr. Group. Inc., et al., Op. No. 24253 (S.C. Sup. Ct. filed June 12, 1995) and
Widewater Square, etc. v. Opening Break, etc., et al., Op. No. 24287 (S.C. Sup. Ct. filed July 24,
1995), the terms of the settlement agreement were made in open court and noted upon the record.
The protestants withdrew their protests and the petitioner agreed to the following restrictions
upon the issuance of an on-premises beer and wine permit and a sale and consumption license:
1. Petitioner's daily hours of operation may not extend beyond 12:00 a.m.
2. When petitioner holds "teen night," which is specifically designated to entertain
teenagers, it will not serve alcohol or beer and wine.
3. Petitioner will not provide adult or exotic entertainment at its business.
IT IS THEREFORE ORDERED that the Department continue to process the
petitioner's application and that the aforementioned restrictions be placed on petitioner's permit
and license.
IT IS FURTHER ORDERED that this matter is hereby dismissed and the terms of the
settlement agreement entered into the record are hereby incorporated into this Order by reference.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
September 21, 1995 |