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protestant has withdrawn his protest of Petitioner’s application for a retail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IS HEREBY ORDERED that, as Petitioner has withdrawn his application for an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 |