ORDERS:
FINAL ORDER AND DECISION
The
above-captioned matter comes before this court pursuant to S.C. Code Ann. §
61-2-260 (Supp. 2007) and S.C. Code Ann. §§ 1-23-310 to -400 (2005 & Supp.
2007) for a contested case hearing. Petitioner Khaya, LLC, seeks a retail
liquor store license for its liquor store, Tanner’s Beverage Mart, located at 209
Thurgood Marshall Blvd., Suite B, in Kingstree, South Carolina. Respondent
South Carolina Department of Revenue found that Petitioner met the statutory
requirements for the issuance of a retail liquor store license, but denied
Petitioner’s application because of protests filed by Rev. Lou Esther Edwards
of Mt. Calvary of Edwards Outreach Ministries, Roosevelt M. McFadden, Demond
McFadden, Mose Cooper, Ernestine B. Scott, Wendy Scott, and Lorene Bradley
regarding the suitability of the proposed location. The Department would have
granted the license but for these protests.
After
timely notice to the attorneys for parties and protestants, a hearing was held on
June 24, 2008, at the South Carolina Administrative Law Court in Columbia,
South Carolina. At the hearing, Mr. Bradley advised the court that the
Protestants were initially told by SLED that the proposed location was 219 feet
from the church and thus within the 300 feet proscribed statutory distance.
SLED has since recalculated the distance, and the proposed location is not
within the 300 feet zone proscribed by statute. As such, based on the
recalculation, the Protestants have withdrawn their protest on the record in
open court pursuant to Rule 43(k), SCRCP and ALC Rule 68 of the liquor license
for the proposed location.
Therefore, IT IS HEREBY ORDERED that the Department shall GRANT Petitioner’s
application for a retail liquor store license for the premises located at 209
Thurgood Marshall Blvd., Suite B, in Kingstree, South Carolina.
AND
IT IS SO ORDERED.
______________________________
June 24, 2008 JOHN
D. GEATHERS
Columbia, South Carolina Administrative
Law Judge
1205
Pendleton Street, Suite 224
Columbia,
South Carolina 29201-3731
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