ORDERS:
ORDER OF DISMISSAL
This matter is before the South Carolina Administrative Law Court (“ALC” or “Court”) for a contested case hearing upon the request of S3 Enterprises, LLC, d/b/a Quick Pantry ("Petitioner"). Petitioner filed an application with the South Carolina Department of Revenue ("Department") for an on-premises beer and wine permit. The application and Department's transmittal form was forwarded by the Department to the Court for a contested case hearing, citing Rosie Berry's ("Protestant") challenge to the suitability of location. Department stated in its final determination that the beer and wine permit would have been issued but for the Protestant's challenge to the suitability of the location.
A hearing on the merits was scheduled for Thursday, September 29, 2005 at 2:00 p.m. at the Administrative Law Court. In a letter received by the Court on September 16, 2005, Protestant notified the ALC of her desire to withdraw the protest of the off-premises beer and wine permit. The Department would have issued the permit but for the protest; therefore, since the protest has been withdrawn, the scheduled hearing is no longer necessary.
IT IS THEREFORE ORDERED that the Department shall continue processing Petitioner's application for an off-premises beer and wine permit.
IT IS FURTHER ORDERED that the above-captioned case is hereby DISMISSED.
AND IT IS SO ORDERED.
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John D. McLeod
Administrative Law Judge
September 19, 2005
Columbia, South Carolina |