ORDERS:
ORDER GRANTING MOTION TO DISMISS
This
matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to a Request
for a Contested Case Hearing filed September 12, 2007. Petitioner seeks an off
premises beer and wine permit for its location at 63 Main Street, Varnville,
South Carolina. The South Carolina Department of Revenue (“Department”)
received four valid public protests to the licensing of the location. But for
the timely filed public protests, the Department determined that Petitioner met
all other statutory criteria for licensure.
A
hearing on this matter was held on October 24, 2007, before the undersigned.
The Petitioner, James Myers Jr., was not present at the hearing due to his
ongoing obligation with the United States military. As a result, his father, James
Myers Sr. (“Myers”), appeared on the Petitioner’s behalf. At the hearing, Myers
did not present a validly executed Power of Attorney to authorize him to
present the application of Petitioner. The Court granted Myers leave to procure
and present a validly executed Power of Attorney to the Department. Although
Petitioner subsequently presented a Power of Attorney, it failed to meet the
minimum requirements as set forth by South Carolina law. A validly executed
Power of Attorney has not been filed to date (September 17, 2008).
On
August 26, 2008, the Department filed a Motion to Dismiss requesting that this
matter be dismissed, without prejudice, to allow Petitioner a future
opportunity to reapply for the necessary license or to allow his father to seek
same under a new application. I find that the Department’s Motion should be
granted.
THEREFORE,
IT IS HEREBY ORDERED that the Department’s Motion to Dismiss is GRANTED,
and this matter be DISMISSED, WITHOUT PREJUDICE, so as to allow
Petitioner the opportunity to reapply for the necessary license(s) if he so
desires.
AND
IT IS SO ORDERED.
__________________________________
JOHN D. MCLEOD
Administrative
Law Judge
September 17, 2008
Columbia, South Carolina
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