ORDERS:
ORDER OF DISMISSAL
The above-captioned matter comes before this Court pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2004), S.C. Code Ann. § 1-23-600(B) (Supp. 2004), and S.C. Code Ann. § 1-23-310 et seq. (2005) for a contested case hearing. Petitioner has applied for an on-premises beer and wine permit, a restaurant minibottle license, and an alcoholic liquor cooking license for an establishment located at 1055 Pine Log Road in Aiken, South Carolina. Respondent South Carolina Department of Revenue (Department) does not oppose Petitioner’s application and would have granted the permit and licenses, but for the protest filed by Reverend Michael Dyar, on behalf of the South Aiken Baptist Church, regarding the suitability of the proposed location.
After timely notice to the parties and the protestant, a hearing in this case was held at the South Carolina Administrative Law Court in Columbia, South Carolina on Thursday, October 13, 2005. The protestant of record, Reverend Dyar, failed to appear at the hearing of this matter, thereby waiving his protest. See S.C. Code Ann. §§ 61-4-525 (Supp. 2004), 61-6-1825 (Supp. 2004); 23 S.C. Code Ann. Regs. 7-201 (Supp. 2004). S.C. Code Ann. §§ 61-4-520 (Supp. 2004), 61-6-700 (Supp. 2004), and 61-6-1820 (Supp. 2004) establish the criteria for the issuance of the permit and licenses requested by Petitioner. In its Final Agency Determination, the Department found that Petitioner met all of the statutory and regulatory requirements for the requested permit and licenses, and only denied Petitioner’s application because of the protest filed by Reverend Dyar. Therefore,
IT IS HEREBY ORDERED that the Department SHALL CONTINUE TO PROCESS Petitioner’s application for an on-premises beer and wine permit, restaurant minibottle license, and alcoholic liquor cooking license for the premises located at 1055 Pine Log Road in Aiken, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
October 13, 2005
Columbia, South Carolina |