ORDERS:
ORDER OF DISMISSAL
This matter is here pursuant to S.C. Code Ann. § 61‑2‑260 (Supp. 2004) and S.C. Code Ann. §§ 1‑23‑310 et seq. (1986 & Supp. 2003) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit and a minibottle license for an establishment located at 509 Dicey Ford Road, Camden, South Carolina. In a Motion to be Excused, DOR advised that the applicant appears to have met all statutory requirements, that no controversy exists between applicant and DOR, that DOR has no evidence to support denying the application, and that DOR would have issued the permit but for the protestant. Thus, only the protest presented the controversy.
In the instant case, notice of the hearing was provided to all parties as well as the protestants informing all that a hearing would be held in Courtroom L-9 at the Laurens County Courthouse in Laurens, South Carolina on Tuesday, June 14, 2005, at 11:00 a.m. However, at the hearing only a single protestant appeared, an officer from the City of Camden Police Department. Accordingly, all protests except for the Camden City Police were abandoned and their protests are deemed waived. Further, as to the Camden City Police, no controversy remained as to it since the city withdrew its protest after the Petitioner agreed to the following stipulation:
William Peebles will have no financial icnterest in the business and will not be employed on the premises with or without compensation.
Therefore, there being no controversy remaining, DOR shall continue to process Petitioner’s application for an on-premises beer and wine permit and minibottle license at 509 Dicey Ford Road, Camden, South Carolina with such processing to include imposing the above stated stipulation upon the issuance of the permit and license.
AND IT IS SO ORDERED.
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RAY N. STEVENS
Administrative Law Judge
Dated: June 16, 2005
Laurens, South Carolina |
