South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Larry Terry, d/b/a Fireballs Service Station vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Larry Terry, d/b/a Fireballs Service Station
3570-A Lancaster Highway, Richburg, South Carolina

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
05-ALJ-17-0496-CC

APPEARANCES:
Larry D. Terry
Petitioner, pro se

Dana R. Krajack, Esquire
For Respondent

Gerald T. Locke
Protestant, pro se
 

ORDERS:

ORDER OF DISMISSAL

The above-captioned cases come before this Court 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. for a contested case hearing. In this matter, Petitioner Larry Terry applied for an on-premises beer and wine permit for his convenience store and service station at 3570-A Lancaster Highway in Chester, South Carolina, and a retail liquor store license for a separate, adjoining business at 3570-B Lancaster Highway. Respondent South Carolina Department of Revenue (Department) would have granted the requested permit and license but for the protests filed against Petitioner’s applications by Gaither Bumgardner on behalf of the Chester County School District and Gerald T. Locke on behalf the Union Associate Reformed Presbyterian Church. After timely notice to the parties and the protestants, a hearing of this matter was held on March 21, 2006, at the South Carolina Administrative Law Court in Columbia, South Carolina. No representatives of the Chester County School District appeared at the hearing, thereby waiving the school district’s protest of Petitioner’s applications. See S.C. Code Ann. § 61-4-525(C) (Supp. 2005); S.C. Code Ann. § 61-6-185(C) (Supp. 2005); 23 S.C. Code Ann. Regs. 7-201(6) (Supp. 2005).

An agreement reached at the hearing by the parties and the remaining protestant of record, Gerald Locke, has resolved these cases. Pursuant to that agreement, Petitioner has agreed to withdraw his application for an on-premises beer and wine permit for his store and service station, and will simply retain his current off-premises beer and wine permit for the location. In return, the protestant has withdrawn his protest of Petitioner’s application for a retail liquor store license for the location adjoining his convenience store and service station. Pursuant to Rule 43(k), SCRCP, as applied by ALC Rule 68, this settlement resolves all disputes in this case and is binding upon the parties. Therefore,

IT IS HEREBY ORDERED that, as Petitioner has withdrawn his application for an on-premises beer and wine permit at 3570-A Lancaster Highway in Richburg, South Carolina, case number 05-ALJ-17-0496-CC is DISMISSED.

IT IS FURTHER ORDERED that, in case number 05-ALJ-17-0497-CC, the Department shall CONTINUE TO PROCESS Petitioner’s application for a retail liquor store license for the premises located at 3570-B Lancaster Highway in Richburg, South Carolina.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

March 21, 2006

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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