ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Judge Division ("Division") on the
application of Frank X. Scheper, Vista Lights, Inc., d/b/a Vista Lights, Inc. ("Petitioner"), for an on-premises beer and wine permit and business sale and consumption (minibottle) license for Vista Lights,
located at 415 Yaupon Circle, Myrtle Beach, South Carolina. The application was protested by John R.
Swithenbank, C. G. Bowen, David Riddle, Sharon Franklin, Susie B. Newman, David Shelley, and
Edward Nolan ("Protestors"). After notice to the parties, a hearing was scheduled for Tuesday, September
29, 1998. The Petitioner failed to appear at the hearing. Pursuant to ALJD Rule 23, a default occurs
when a party fails to appear at a hearing and the administrative law judge may dismiss the contested case.
Upon motion made by the Attorney's for the Respondent and the Protestant's, I find that the Petitioner
is in default and his application is deemed abandoned.
IT IS THEREFORE ORDERED that the above-referenced contested case is DISMISSED with
prejudice.
AND IT IS SO ORDERED.
Marvin F. Kittrell
Chief Judge
September 29, 1998
Columbia, South Carolina |