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 December 13, 2007. An expedited hearing on the merits of this matter was scheduled to begin at 10:00 a.m. on Tuesday, January 22, 2008, at the ALC.
The “Department Determination” dated December 12, 2007 indicated that the South Carolina Department of Revenue (“Department”) received a timely protest from Pastor Walter Minor on October 4, 2007. The Department further stated that “[o]ther than the question of the suitability of the location as the Protestants have stated in the public protest, the Department has found that the Applicant has met all other statutory requirements for licensure.”
On January 21, 2008, Pastor Walter Minor informed the Court that he would not be attending the hearing.
Based on the fact that the Department would have issued Petitioner’s on-premises beer and wine permit and liquor by the drink license but for the timely filed 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 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 liquor by the drink license for its location at 2010 Bass Drive, Santee, South Carolina.
AND IT IS SO ORDERED.
____________________________
John D. McLeod
Administrative Law Judge
January 22, 2008
Columbia, South Carolina
|
