This matter is currently pending before the South Carolina Administrative Law Court. The Petitioner requested a contested case hearing following the Department of Revenue’s denial of the Petitioner’s request for a retail liquor license upon the receipt of a valid public protest as to suitability of the location by John D. Evans. According to the Department, the Petitioner met the statutory requirements for the permit and but for the protest, the permit would have been granted. The Protestant notified the court on April 16, 2009 that he would not be able to attend the hearing scheduled for April 17, 2009. Therefore, his Protest is deemed abandoned. Because the Department would have granted the permit but for the protest and the protest is abandoned, it is hereby:
ORDERED that this matter is remanded to the Department of Revenue to continue to process the Petitioner’s application and issue a retail liquor license to the Petitioner for the location at MH, LLC, 505 West Front Street Iva, South Carolina 29655
AND IT IS SO ORDERED.
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Carolyn C. Matthews,
Administrative Law Judge
April 17, 2009
Columbia, South Carolina
