South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
William J. Strong, d/b/a Mama's Kitchen and Strong's Liquor vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
William J. Strong, d/b/a Mama's Kitchen and Strong's Liquor

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
96-ALJ-17-0290-CC

APPEARANCES:
William J. Strong, Pro se, for Petitioner, Not Present

Arlene D. Hand, Esq., for Respondent, Excused from Appearance

Chief Roger D. Walls, Protestant, Not Present
 

ORDERS:

ORDER

I. Statement of the Case


The Petitioner, William J. Strong (Strong) of Kingstree, South Carolina filed with the South Carolina Department of Revenue and Taxation (DOR), the Respondent, an application for a retail liquor store license and an on-premises beer and wine permit for 205 E. Main St., Kingstree, South Carolina. Chief Roger D. Walls (Walls), on behalf of Kingstree Police Department, filed a protest seeking to prevent DOR from granting the license. On June 11, 1996, DOR asked to be excused from appearance since it had no evidence to offer. DOR's motion was granted on July 1, 1996.

The hearing in this matter was set for August 5, 1996. Notice of the August 5, 1996 hearing date was provided to all parties including Strong. On August 5, 1996, neither Strong nor Walls made an appearance. The hearing was delayed until 10:15 a.m. to allow ample time for Strong and Walls to appear or provide communication to the ALJD. No appearance or communication was made by Strong or Walls.

Strong seeks a permit and a license. To prevail, he bears the burden of proof since the burden of proof rests upon the party who asserts the affirmative of an issue. 29 Am. Jur 2d, Evidence § 127 (2d ed 1994); Sanders, Neese, and Nichols. South Carolina Trial Handbook, § 9:3 Party With Burden, Civil Cases (1994). Further, an Administrative Law Judge may dismiss a case adverse to any party who fails to prosecute his case. ALJD Rule 23. Strong failed to carry his burden of proof and further failed to prosecute his case.

II. ORDER


DOR is ordered to deny Strong's application for a retail liquor store license and an on-premises beer and wine permit at 205 E. Main St., Kingstree, South Carolina.

IT IS SO ORDERED.



____________________________

RAY N. STEVENS

Administrative Law Judge

This 5th day of August, 1996.


 

 

 

 

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