ORDERS:
FINAL DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann.
§ 61-4-520 (Supp. 1996) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 and Supp. 1996) for a
hearing pursuant to the application of Willie P. Babb, d/b/a Mrs. Pee's (Applicant or Petitioner") for
an off-premises beer and wine permit (AI 112382) for the premises located at 305A South Hudson
Street, Greenville, Greenville County, South Carolina ("location").
A hearing on the merits of the case was held on May 30, 1997, at the Spartanburg County
Courthouse, Spartanburg, South Carolina. The issue for consideration was the suitability of the
proposed location.
The application was protested by J.M. Fleming, Director, Southernside Community Center,
Greenville, South Carolina; and Kathleen M. Crispin, Chairperson, Hampton Pinckney Association,
Greenville, South Carolina. When a permit for the sale of beer and wine is protested, a hearing is
authorized on the matter with jurisdiction to conduct the hearing vested in the Administrative Law
Judge Division. The South Carolina Department of Revenue ("Department"), as set forth in the
agency transmittal form and Motion to Be Excused, advised the Division it would have issued the
permit and license to the Petitioner but for the protest. The Department's Motion to Be Excused
from appearing at the hearing was granted.
Notice of the hearing date, time and place was provided to the parties and the protestants.
At 11:30 a.m. the Petitioner appeared and was prepared to proceed. No appearance, however, was
made by either protestant. ALJD Rule 23 provides for the dismissal of a contested case on the
grounds of default where neither a party nor a protestant attends the hearing. Since no protestant was
present to object to the issuance of the permit nor provide any testimony or evidence in support of
their objection thereto, the case is dismissed.
ORDER
Accordingly, it is hereby,
ORDERED that this case is dismissed under ALJD Rule 23 and, it is further
ORDERED that the Department of Revenue shall issue the off-premises beer and wine
permit as requested by the Petitioner, Willie P. Babb, for the location at 305A South Hudson Street,
Greenville, South Carolina.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
June 3, 1997 |