ORDERS:
FINAL ORDER AND DECISION
This
matter arises out of the denial by the Department of Revenue (“Department”) of
the Petitioner’s application for an on-premises beer and wine permit based on
the receipt of a timely written protest of the application. See S.C.
Code Ann. § 61-4-525(B) (Supp. 2006). According to the Agency Information
Sheet filed with the court, the Department would have issued the requested
permit but for the protest.
The
court previously scheduled a contested case hearing in this matter for May 16,
2007. By letter dated May 11, 2007, the Protestant indicated that he could not
attend the hearing, thereby invalidating his protest. See S.C. Code
Ann. § 61-4-525(C) (Supp. 2006) (“If the protestant, during the investigation
expresses no desire to attend a contested hearing and offer testimony, the
protest is considered invalid, and the department shall continue to process the
application and shall issue the permit if all other statutory requirements are
met.”). Because the Department found that the applicant meets the statutory
requirements for the permit requested and would have granted the application
but for the protest, which is now invalid by the terms of the applicable
statutes, it is hereby
ORDERED that the contested case hearing scheduled for May 16, 2007 is cancelled. It is
further
ORDERED that this matter is remanded to the Department of Revenue with instructions to
continue processing the Petitioner’s application and to issue an on-premises
beer and wine permit for the location at 2801 Wade Hampton Boulevard, Greenville,
South Carolina 29687 pursuant to S.C. Code Ann. §§ 61-4-525(C), -540 (Supp. 2006).
IT
IS SO ORDERED.
_____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
May 14, 2007
Columbia, South Carolina
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