ORDERS:
ORDER OF DISMISSAL
This
matter is currently pending before the South Carolina Administrative Law
Court. The Petitioner David M. Bielinski, d/b/a The Monkey Saloon
(“Petitioner”) requested a contested case hearing following the Department of
Revenue’s (“Department”) denial of the Petitioner’s request for an on premises
beer and wine permit and liquor by the drink license based on the receipt of
valid public protest by Chief Karen Baker of the City of Loris Police
Department (“Protestant”). According to Department, Petitioner met the
statutory requirements for the permit and but for the protest, the permit would
have been granted. A hearing was set for June 11, 2008. Before that date,
Protestant withdrew her protest. 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permit but for the protest and the protest has been withdrawn, the issues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 an on premises beer and wine
permit and liquor by the drink license to the Petitioner for the location at
4229 Walnut Street, Loris, South Carolina.
AND
IT IS SO ORDERED.
___________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
June 11, 2008
Columbia, South Carolina
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