South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Upstate Social Club

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Upstate Social Club
 
DOCKET NUMBER:
07-ALJ-17-0602-CC

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER AND DECISION

This matter comes before this court for a contested case hearing. On June 4 and 19, 2007, the Department alleges Upstate Social Club permitted consumption of liquor by an unauthorized guest in violation of 23 S.C. Code Ann. Regs. 7-401.4(J). The Department seeks to impose a $1,000 fine ($500 for the violation and $500 for default) and to revoke both the club’s liquor by the drink license and beer and wine permit. The Department filed a motion to dismiss on January 3, 2008, on the grounds that Respondent’s request for a contested case hearing was untimely filed forty-one days after the Department mailed its final determination. Respondent did not respond to the motion. After timely notice to the parties, a merits hearing was scheduled on Thursday, February 28, 2008. Respondent failed to appear at the hearing and is thus deemed to have waived its request for a contested case.

Therefore, IT IS HEREBY ORDERED that the above captioned matter is dismissed. The Department’s final determination is SUSTAINED and this matter is DISMISSED with prejudice. AND IT IS SO ORDERED.

 

______________________________

February 28, 2008 JOHN D. GEATHERS

Columbia, South Carolina Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731


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