ORDERS:
FINAL ORDER AND DECISION
This
matter arises out of the denial by the Department of Revenue (“Department”) of
the Petitioner’s application for an on-premises beer and wine permit and a
non-profit private club liquor-by-the-drink license, based on the receipt of timely
written protests of the application. See S.C. Code Ann. § 61-4-525(B)
(Supp. 2007). According to the Agency Information Sheet filed with the court,
the Department would have issued the requested permit and license but for the
protests.
The
court previously scheduled a contested case hearing in this matter for April 2,
2008. On April 1, 2008, the Protestants informed the court that they were
withdrawing their protests to the Petitioner’s application. See S.C.
Code Ann. § 61-4-525(C) (Supp. 2007) (“If the protestant, during the
investigation expresses no desire to attend a contested hearing and offer
testimony, the protest is considered invalid, and the department shall continue
to process the application and shall issue the permit if all other statutory
requirements are met.”); § 61-6-1825(C) (Supp. 2007) (containing virtually
identical language to § 61-4-525(C)). Because the Department found that the
applicant met the statutory requirements for the permit and license requested
and would have granted the application but for the protests—which are now withdrawn
and are therefore invalid by the terms of the applicable statutes—it is hereby
ORDERED that the contested case hearing scheduled for April 2, 2008, is cancelled. It
is further
ORDERED that this matter is remanded to the Department of Revenue with instructions to
continue processing the Petitioner’s application and to issue an on-premises
beer and wine permit and a non-profit private club liquor-by-the-drink license for
the location at 22288 Choppee Road, No. B, Hemingway, South Carolina 29554, pursuant to S.C. Code Ann. §§ 61-4-525(C), -540 (Supp. 2007).
IT
IS SO ORDERED.
____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
May 5, 2008
Columbia, South Carolina
|
