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), § 61-6-1825(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 May 12,
2008. By letter dated March 28, 2008, one Protestant indicated that he could
not attend the hearing. By letter dated May 6, 2008, two other Protestants
indicated that they could not attend the hearing. On May 8, 2008, all
remaining 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 meets the statutory requirements for the permit and license
requested and would have granted the application but for the protests, which are
now invalid by the terms of the applicable statutes, it is hereby
ORDERED that the contested case hearing scheduled for May 12, 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 non-profit private club liquor-by-the-drink license for the
location at 6320 Augusta Road, Greenville, South Carolina 29605, pursuant to
S.C. Code Ann. §§ 61-4-525(C), -540; § 61-6-1825(C) (Supp. 2007).
IT
IS SO ORDERED.
____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
June 8, 2008
Columbia, South Carolina
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