CAPTION:
S&Y Newberry, LLC, d/b/a Country Corner vs. SC Department of Revenue |
AGENCY:
South Carolina Department of Revenue |
PARTIES:
Petitioner:
S&Y Newberry, LLC, d/b/a Country Corner
Respondent:
South Carolina Department of Revenue |
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DOCKET NUMBER:
07-ALJ-17-0393-CC |
APPEARANCES:
Kenneth E. Allen, Esquire, For Petitioner
Amelia Furr Ruple, Esquire, For Respondent |
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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 6, 2007. An expedited hearing on the merits of this matter was held on Thursday, September 6, 2007 at 10:00 a.m. at the ALC.
The “Department Determination” dated August 3, 2007, indicated that the South Carolina Department of Revenue (“Department”) received a timely protest from Robert E. McDowell on May 21, 2007. The Department further stated that “[o]ther than the question of the suitability of the location as stated in the public protest, the Department has found that the applicant has met all other statutory requirements for licensure.”
The hearing in this matter convened at or about 10:03 a.m. on Thursday, September 06, 2007. The convening was delayed for approximately three (3) minutes to allow the Protestant in this case, Robert E. McDowell, additional time to appear. Robert E. McDowell failed to appear at the hearing in this matter.
Based on the fact that the Department would have issued Petitioner’s off-premises beer and wine permit but for the timely public protest, and based on the fact that no Protestant appeared at the hearing as required by S.C. Code Ann. § 61-4-525 and S.C. Code Ann. § 61-6-1825,
IT IS HEREBY ORDERED that the above-referenced protest is DISMISSED.
IT IS FURTHER ORDERED that the South Carolina Department of Revenue continue processing Petitioner’s application for an off-premises beer and wine permit for its location at 600 Pope Street, Newberry, South Carolina.
AND IT IS SO ORDERED.
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John D. McLeod
Administrative Law Judge |
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