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 an off premises
beer and wine permit based on the receipt of valid public protests by Martha
McElveen Horne, Esq. on behalf of the Sumter Police Department, and J. David
Weeks, Esq. on behalf of Jehovah Missionary Baptist Church, The M.H. Newton
Family Life Enrichment Center, and the Jehovah Child Development Center. The
Protestants claim that the location is unsuitable for this type of business due
to its location and proximity to several churches, schools and recreational
facilities. The Protestants also felt that this is a high crime area and that
this type of business facilitates loitering and otherwise unhealthy
congregations of persons leading to an increase in the crime rate. Martha
McElveen Horne, Esq. withdrew her protest on February 5, 2008. According to
the Department, the Petitioner met the statutory requirements for the permit
and but for the protests, the permit would have been granted.
At
the hearing on June 5, 2008, the Protestants agreed to withdraw the public
protest on the basis that the parties had reached an agreement to place a stipulation
on the permit. The stipulation states that the Petitioner shall not permit or
knowingly allow loitering on its premises.
Because
the Protestants withdrew their Protests and the parties reached an agreement,
IT IS HEREBY ORDERED that this matter is remanded to the Department of
Revenue to issue an off premises beer and wine permit with the above-referenced
stipulation to the Petitioner for the location at Boney’s Discount Beer Sales,
356 B Manning Avenue, Sumter, SC 29150.
AND
IT IS SO ORDERED.
_____________________________________
Carolyn C.
Matthews,
Administrative
Law Judge
June 9, 2008
Columbia, South Carolina
|
