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:
Nellie Baldwin, d/b/a Ball and Nell vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Nellie Baldwin, d/b/a Ball and Nell

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0160-CC

APPEARANCES:
Kenneth Allen, Esquire

For Petitioner
 

ORDERS:

ORDER

This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1997) and S.C. Code Ann. §§ 1-23-310, et seq. (Supp. 1997) for a contested case hearing. Petitioner Nellie Baldwin applied for an off-premises beer and wine permit and retail liquor license for an establishment at 5185 Borden Road, Borden, South Carolina. The South Carolina Department of Revenue does not oppose Petitioner's application.

After timely notice to the parties and protestants, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina on June 30, 1998. The protestants of record, Eric and Martha Davis, failed to appear at the hearing of this matter, thereby waiving their protests.

S.C. Code Ann. section 61-4-520 (Supp. 1997) establishes the criteria for the issuance of a beer and wine permit. S.C. Code Ann. sections 61-6-110 and 61-6-120 establish the criteria for the issuance of a retail liquor license. In its Agency Transmittal, the Department advised this tribunal that Petitioner appears to have met all statutory requirements, and but for the protests, the Department would have issued the permit and license.







IT IS THEREFORE ORDERED that the Department of Revenue shall continue to process Petitioner's application for an off-premises beer and wine permit and retail liquor license for 5185 Borden Road, Borden, South Carolina.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

June 30, 1998

Columbia, South Carolina


 

 

 

 

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