ORDERS:
FINAL ORDER AND DECISION
This
matter comes before the Administrative Law Court pursuant to S.C. Code Ann. §
61-2-90 (Supp. 2004) and S.C. Code Ann. §§ 1-23-310 et seq.
(Supp. 2004) for a contested case hearing. Petitioner KAR Enterprises, LLC
seeks an off-premise beer and wine permit. The South Carolina Department of
Revenue (“Department”) denied the permit based on the filing of a timely public
protest by Timothy Stoddard. The Department indicated but for the timely filed
public protest, the applicant has met the statutory requirements for the
issuance of an off-premises beer and wine permit. A hearing was held before me
on November 30, 2005, at the offices of the Administrative Law Court (ALC or
Court) in Columbia, South Carolina. Timothy Stoddard, the sole Protestant in
this case, failed to appear at the hearing.
The
Petitioner and the Department were both present at the hearing with counsel and
witnesses. S.C. Code Ann. §§ 61-4-520 and 61-4-540 (Supp. 2004) establish
the requirements for the issuance of a beer and wine permit. 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.
The
hearing was commenced at approximately 10:05 a.m. and the Protestant did not
appear before the hearing concluded. Upon the motion of counsel for the
Petitioner, the Court then dismissed this action.
Because
the Protestant did not appear before the Court,
IT
IS HEREBY ORDERED that the above-captioned case is dismissed with
prejudice;
IT
IS FURTHER ORDERED that the Department resume processing Petitioner's
application and issue an off-premise beer and wine permit to Petitioner upon
payment of the proper fees and costs.
AND
IT IS SO ORDERED.
__________________________________
JOHN D. MCLEOD
Administrative
Law Judge
November 30, 2005
Columbia, South Carolina
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