On or about November 19, 2004, Petitioner Tha Store, Inc., filed an application with
Respondent South Carolina Department of Revenue (Department) for an on-premises retail beer
and wine permit for a restaurant and convenience store known as Tha Store, located at 4048 Two
Notch Road in Gilbert, South Carolina. On March 3, 2005, the Department transmitted the
matter of Petitioner’s application to this Court for a contested case hearing. The Department had
concluded that Petitioner met all of the statutory requirements for an on-premises beer and wine
permit, but some concerns citizens had filed a protest of Petitioner’s application based upon the
suitability of the proposed location. The above-captioned case was assigned to the undersigned
by a Notice of Assignment dated March 8, 2005.
By a facsimile dated March 17, 2005, Petitioner informed this tribunal that it wished to
withdraw its request for a contested case hearing, because, based upon the concerns of
neighboring residents, it planned to amend its application to request an off-premises beer and
wine permit, rather than an on-premises beer and wine permit. Petitioner’s facsimile also
included a letter signed by the two protestants of record in this matter withdrawing their protest
of Petitioner’s application based upon Petitioner’s intent to amend its application to request an
off-premises beer and wine permit.
Therefore, because Petitioner has withdrawn its request for a contested case hearing and
there are no justiciable issues remaining in controversy in this matter,
IT IS HEREBY ORDERED that the above-captioned case is DISMISSED and the
matter of Petitioner’s application is REMANDED to the Department.
AND IT IS SO ORDERED.
___________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
March 18, 2005
Columbia, South Carolina