South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Clemente Arenas, d/b/a El Amanecer vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Clemente Arenas, d/b/a El Amanecer

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
08-ALJ-17-0024-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter comes before this court pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2007), S.C. Code Ann. § 1-23-600(B) (Supp. 2007), and S.C. Code Ann. §§ 1-23-310 et seq. (2005) for a contested case hearing. Petitioner Clemente Arenas seeks renewal of his on-premises beer and wine permit and restaurant liquor-by-the-drink license for his bar, El Amanecer, located at 6119 White Horse Road, Suite 7, in Greenville, South Carolina. Respondent South Carolina Department of Revenue denied Petitioner’s renewal application for the permit and license solely because of a protest filed by R.H. Patterson, Sr., a Greenville County resident, regarding the suitability of the proposed location for Petitioner’s bar.

On March 13, 2008, Mr. Patterson advised this court that he would be unable to attend the hearing scheduled tomorrow. By failing to attend, he is deemed to have waived his protest of the application. IT IS HEREBY ORDERED that the Department shall GRANT Petitioner’s renewal application for an on-premises beer and wine permit and a license to sell liquor by the drink for the premises located at 6119 White Horse Road in Greenville, South Carolina, and continue processing Petitioner’s application immediately.

AND IT IS SO ORDERED.

______________________________

March 13, 2008 JOHN D. GEATHERS

Columbia, South Carolina Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731


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