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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