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 off-premises beer and wine permit based on
the receipt of a timely written protest of the application. See S.C.
Code Ann. § 61-4-525(B) (Supp. 2007). According to the final Department
Determination filed with the court, the Department would have issued the
requested permit but for the protest.
The
court previously scheduled a contested case hearing in this matter for August 20,
2008. By letter filed July 31, 2008, the Protestant indicated that he could
not attend the hearing, thereby invalidating his protest. 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.”).
Because the Department found that the applicant meets the statutory
requirements for the permit requested and would have granted the application
but for the protest, which is now invalid by the terms of the applicable
statutes, it is hereby
ORDERED that the contested case hearing scheduled for August 20, 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 off-premises
beer and wine permit for the location at 1000 Coneross Creek Road, Townville,
South Carolina 29689, pursuant to S.C. Code Ann. §§ 61-4-525(C), -540 (Supp.
2007).
IT
IS SO ORDERED.
____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
September 5, 2008
Columbia, South Carolina
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