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 retail beer
and wine permit based on the receipt of valid public protest by Martha McElveen
Horne, Esq. According to the Department, the Petitioner met the statutory
requirements for the permit and but for the protest, the permit would have been
granted. The Court approved a Consent Order in this Matter on February 5, 2008,
in which the protestant agreed to withdraw its protest subject to a restriction
being placed on the Petitioner’s permit. The petitioner agreed to the
restriction which states that it will not permit or knowingly allow loitering
on its premises. Because the Department would have granted the permit but for
the protest and the protest has been withdrawn, the issues before the Court are
now moot. Therefore, 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 retail beer and wine permit to
the Petitioner for the location at 356 B Manning Avenue, Sumter, South
Carolina.
AND
IT IS SO ORDERED.
_____________________________________
Carolyn C.
Matthews
Administrative
Law Judge
February 5, 2008
Columbia, South Carolina
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