ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the South Carolina Administrative Law Court. The Petitioner requested a contested case hearing following the Department of Revenue’s denial of the Petitioner’s request for a beer and wine permit and nonprofit private club liquor by the drink license based on the receipt of valid public protest by Sherriff Ray Nash. Sheriff Nash protested the suitability of the location, the proximity of the location to local residences and the availability of police protection in the area. According to the Department, the Petitioner met the statutory requirements for the permit and but for the protest, the permit would have been granted.
At the hearing on November 7, 2007, the Respondent Sheriff Ray Nash, agreed to withdraw the public protest on the basis that the parties had reached an agreement to have certain stipulations imposed on the license and permit. The stipulations are as follows:
1. An armed security guard is to be on duty during all business hours;
2. Special events require one security guard for every forty patrons;
3. Flood lights are to be mounted on outside of the building to illuminate the parking and common areas of the business (as verified and approved by the Dorchester County Sherriff’s Office);
4. Access to the club is to be limited to patrons over the age of 30; and
5. Patrons are not allowed to loiter or congregate in the parking lot or outside areas.
Because the Petitioner withdrew his Protest and the parties reached an agreement, IT IS HEREBY ORDERED that this matter is remanded to the Department of Revenue to continue to process the Petitioner’s application and issue a beer and wine permit and nonprofit private club liquor by the drink license to the Petitioner for the location at The Hill Club, 108 Pearl Lane, Reevesville, SC 29471 in Dorchester County.
AND IT IS SO ORDERED.
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Carolyn C. Matthews,
Administrative Law Judge
November 7, 2007
Columbia, South Carolina
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