ORDERS:
ORDER OF DISMISSAL
The
above-captioned matter comes before this tribunal pursuant to S.C. Code Ann. §
61-2-260 (Supp. 2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2005), and S.C. Code
Ann. § 1-23-310 et seq. (2005) for a contested case hearing. Petitioner
has applied for a retail liquor store license for an establishment located at
2528A Boiling Springs Highway in Boiling Springs, South Carolina. Respondent South
Carolina Department of Revenue (Department) denied Petitioner’s application
solely because of a protest filed by Pastor Bo Dunford 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 January 19, 2006. The sole protestant of record, Pastor Dunford,
failed to appear at the hearing of this matter, thereby waiving his protest. See S.C. Code Ann. § 61-6-185 (Supp. 2005); 23 S.C. Code Ann. Regs. 7-201 (Supp.
2005). S.C. Code Ann. §§ 61-6-110 through 61-6-190 (Supp. 2005) establish the
criteria for the issuance of a retail liquor store license. In its Final
Determination in this matter, the Department did not find that Petitioner
failed to meet these criteria, but rather denied Petitioner’s application for a
liquor store license solely because of the protest filed by Pastor Dunford.
IT
IS THEREFORE ORDERED that the Department SHALL CONTINUE TO PROCESS Petitioner’s application for a retail liquor store license for the premises
located at 2528A Boiling Springs Highway in Boiling Springs, South Carolina.
AND
IT IS SO ORDERED.
______________________________
JOHN
D. GEATHERS
Administrative
Law Judge
January 19, 2006
Columbia, South Carolina |
