ORDERS:
Order of Dismissal
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 an on premises beer and wine permit and private club liquor by the drink license based on the receipt of valid public protest as to suitability of the location by Mary Catherine Groves.
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 and parties were given notice of the hearing by Order dated April 28, 2010, which set the hearing for 2:00PM on May 20, 2010. The Court recessed until 2:15 PM to allow time for the Protestant to arrive at the hearing and left a message for the Protestant at her number listed in the file. However, no one returned the phone message and the Protestant never arrived. Therefore, her protest is deemed abandoned. See S.C. Code Ann. § 61-6-185(C) (Supp. 2009). Because the Department would have granted the permit but for the protest, and the Protestant did not appear at the hearing, it is hereby:
ORDERED that this matter is remanded to the Department of Revenue to continue to process the Petitioner’s application and issue an on premises beer and wine permit and private club liquor by the drink license to the Petitioner for Broadway 1 d/b/a Broadway 1, located at 3260 Hwy. 28, Anderson, SC 29624.
AND IT IS SO ORDERED
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Carolyn C. Matthews,
Administrative Law Judge
May 20, 2010
Columbia, South Carolina |
