South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Wayne Sharp, dba Forest Drive Open Air Market vs. DOR, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Wayne Sharp, dba Forest Drive Open Air Market

Respondents:
South Carolina Department of Revenue, and Forest Hills Neighborhood Assoc
 
DOCKET NUMBER:
04-ALJ-17-0249-CC

APPEARANCES:
Kenneth E. Allen
Attorney for the Petitioner
Suite 1980, 1201 Main Street
Columbia, SC 29201

Stephen P. Bates

Attorney for the Protestants
McAngus Goudelock & Courie LLC
700 Gervais St., Suite 300
PO Box 12519
Columbia, SC 29211

Dana Krajack, Esquire
Counsel for Regulatory Litigation
PO Box 125
Department of Revenue
Columbia, SC 29214
 

ORDERS:

CONSENT ORDER

This matter is before the Court as a result of the protestants having protested the renewal of Petitioner’s on-premise beer and wine permit at 2522 Forest Drive, Columbia, South Carolina, Department of Revenue File #3201-1324.


It appearing to the Court that the Parties have settled their differences, it is;


ORDERED, ADJUDGED AND DECREED


That the Department of Revenue proceed with the renewal of Petitioner’s beer and wine permit at 2522 Forest Drive, Columbia, South Carolina, Department of Revenue File #3201-1324 and that said renewal be subject to the following binding stipulations which shall be incorporated into the terms and conditions of the permit:


1.The current renewal application is amended to be for off-premise only. Said permit shall henceforth be for off-premise consumption only and the renewed permit shall so indicate and shall apply to all renewals.




2.The location shall close not later than midnight each night. Closing is defined as locking the front door so as to not allow any more customers to enter the store. Petitioner may wait on customers already in the store at midnight and Petitioner or Petitioner’s staff may remain in the store to check up and clean as necessary.


3.Petitioner shall maintain and monitor the electronic security system recently installed in the business, and Petitioner will continue to allow the City of Columbia Police Department to have jurisdiction over Petitioner’s parking lot.


4.Petitioner or Petitioner’s employee will police the parking lot for litter on a daily basis and will also make regular trips around the block behind Petitioner’s location to pick up any trash.


5.Maintain existing exterior lighting in good working order.


6. Above entrance to the store Petitioner will within 60 days repair, paint and replace the missing lettering.

7.Petitioner will keep the entrance to the store clean and neat. Petitioner shall minimize signage in the front windows so as not to block the cashier’s view of the exterior.

A violation of any of the above stipulations shall be considered a violation of

the terms and conditions of the permit.



AND IT IS SO ORDERED

October 21, 2004Ralph King Anderson, III

Columbia, South CarolinaAdministrative Law Judge


Brown Bldg.

 

 

 

 

 

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