ORDERS:
ORDER OF DISMISSAL
This
matter is currently pending before the South Carolina Administrative Law Court
(ALC or Court). The Petitioner requested a contested case hearing following
the Department of Revenue’s 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 Paul and Judy Price. Paul and Judy Price were made a party
to this action by order of this Court granting intervention dated February 2,
2009. Paul and Judy Price protested the suitability of the location and the
proximity of the location to local residences. According to the Department, the
Petitioner met the statutory requirements for the permit and but for the
protest, the permit would have been granted.
At
the hearing on February 23, 2009, Intervenors Paul and Judy Price agreed to
withdraw the public protest on the basis that the parties had reached an
agreement to have certain stipulations imposed on the license and permit. The
stipulations are as follows:
1. No outside
entertainment or outside dining or serving of alcohol;
2. The hours of
operation shall be from 11:00 a.m. until 10:00 p.m. on Monday through Thursday
and on Sunday and from 11:00 a.m. until Midnight on Friday and Saturday;
3. The applicant
and all agents, employees, lessees, and agents and employees of lessees shall
comply with all federal, state, and local laws;
Because
the Intervenors withdrew their Protest and the parties reached an agreement,
IT IS HEREBY ORDERED that this matter is remanded to the Department of
Revenue to issue the on-premises beer and wine permit and liquor by the drink
license to the Petitioner for the location at Boca Grill, 2132 Highway 17
Business, Garden City, South Carolina, 29576 in Horry County with the above
referenced three stipulations. This permit is also subject to any further
applicable stipulations as set forth in the Order of the Horry County Board of
Zoning Appeals titled In re: Dingo, LLC dated September 8, 2008.
AND
IT IS SO ORDERED.
_____________________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
February 24, 2009
Columbia, South Carolina
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