ORDERS:
ORDER OF DISMISSAL
This
matter is before the South Carolina Administrative Law Court (“ALC” or “Court”)
for a contested case hearing upon the request of Petitioner filed August 30,
2007.
A
hearing on the merits was scheduled to begin on Tuesday, October 02, 2007, at
2:00 p.m. at the ALC. On September 25, 2007, Willie R. Langford, the sole
protestant in this case, notified the Court of her desire to withdraw her
protest in this matter.
In
addition to the protest, the South Carolina Department of Revenue
(“Department”) denied the permit based on the following issues: 1) whether the
proposed location meets the statutory distance requirements of 300’ to an area
church and 2) whether the Applicant has secured the required Grade A inspection
result from the South Carolina Department of Health and Environmental Control.
On
September 26, 2007, the Department submitted an e-mail to this Court indicating
that the distance requirement issue has been resolved and that it would grant
the license and permit upon the submission of a Grade A inspection result.
IT
IS THEREFORE ORDERED that the above-captioned case is hereby DISMISSED
WITH PREJUDICE.
IT
IS FURTHER ORDERED that the South Carolina Department of Revenue continue
processing Petitioner’s application for an on-premises beer and wine permit and
restaurant liquor by the drink license for its location at 103 Bonham Road,
Saluda, South Carolina, upon Petitioners submission of a Grade A inspection
result and the payment of the proper fees and costs.
AND
IT IS SO ORDERED.
____________________________
October 2, 2007 John
D. McLeod
Columbia, South Carolina Administrative
Law Judge
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