ORDERS:
ORDER OF DISMISSAL
This matter comes before the Administrative Law Court (ALC or Court) pursuant to S.C.
Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2004) and S.C. Code Ann. § 61-2-260 (Supp.
2004) for a contested case hearing. The Petitioner in this matter is seeking the issuance of an
off-premises beer and wine permit for Family Mart #6 located at 2240 Harry Byrd Hwy.,
Darlington, South Carolina. Pursuant to timely notice to both parties and the Protestant, a
hearing was held on March 29, 2005 at the offices of the ALC in Columbia, South Carolina. The
Petitioner and the Department were both present at the hearing. However, the sole Protestant in
this case did not appear at the hearing or notify the Court that it would not be appearing, thereby
waiving its protest.
S.C. Code Ann. § 61-4-520 (Supp. 2004) establishes the criteria for the issuance of an
off-premises beer and wine permit. In its Agency Transmittal and at the hearing, the Department
advised the Court that Petitioner appears to have met all statutory requirements, and but for the
protest, the Department would have issued the permit. There being no opposition of record to
the issuance of Petitioner’s permit,
IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.
IT IS FURTHER ORDERED that the Department of Revenue shall issue an off-premises beer and wine permit to Petitioner for its location at 2240 Harry Byrd Hwy.,
Darlington, South Carolina.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Administrative Law Judge
March 29, 2005
Columbia, South Carolina |