South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Tha Store, Inc., d/b/a Tha Store vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Tha Store, Inc., d/b/a Tha Store
4048 Two Notch Road, Gilbert, South Carolina

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
05-ALJ-17-0079-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

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Therefore, because Petitioner has withdrawn its request for a contested case hearing and there are no justiciable issues remaining in controversy in this matter,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


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