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 |