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:
Leslie E. Clifton, III, d/b/a Family Mart #6 vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Leslie E. Clifton, III, d/b/a Family Mart #6
2240 Harry Byrd Hwy., Darlington, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
05-ALJ-17-0058-CC

APPEARANCES:
For the Petitioner: Pro Se

For the Department of Revenue: Lynn M. Baker, Esquire

For the Protestant: No Appearance
 

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


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