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SC Administrative Law Court Decisions

Deloris Ross, d/b/a Ross’s Grill vs. South Carolina Department of Revenue

South Carolina Department of Revenue

Deloris Ross, d/b/a Ross’s Grill

South Carolina Department of Revenue



This matter arises out of the denial by the Department of Revenue (“Department”) of the Petitioner’s application for an off-premises beer and wine permit based on the receipt of several timely written protests of the application. See S.C. Code Ann. § 61-4-525(B) (Supp. 2006). The court scheduled a contested case hearing in this matter for September 14, 2007. Prior to the hearing, Protestants Cheryl Fox, Lynne Jones, and Claudia Thompson indicated through letters addressed to the court that they could not attend the hearing, thereby invalidating their protests. 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.”). At the contested case hearing, upon discovering the application was for an off-premises rather than an on-premises beer and wine permit, all of the remaining Protestants withdrew their protests. The Department stated that it would have issued the requested permit but for the protests. Because the Department found that the applicant meets the statutory requirements for the permit requested and would have granted the application but for the protests, which are now either invalid by the terms of the applicable statutes or withdrawn, it is hereby ORDERED that this matter is remanded to the Department of Revenue with instructions to continue processing the Petitioner’s application and to issue an off-premises beer and wine permit for the location at 443 B Rock Hill Highway in Lancaster, South Carolina 29720 pursuant to S.C. Code Ann. §§ 61-4-525(C), -540 (Supp. 2006). IT IS SO ORDERED. _____________________________________ PAIGE J. GOSSETT Administrative Law Judge


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