ORDERS:
ORDER OF DISMISSAL
The
above-captioned matter comes 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. (2005) for a contested case hearing. Petitioner
William Owens has applied for an on-premises beer and wine permit for an
establishment to be known as the Lucky Horse and located at 23688 S.C. Highway
121 in Whitmire, South Carolina. Respondent South Carolina Department of
Revenue (Department) does not oppose Petitioner’s application and denied the
application solely because of the protests filed by two residents of the Whitmire
community regarding the suitability of the proposed location of the business.
After
timely notice to the parties and protestants, a hearing in this case was held
on Tuesday, March 28, 2006, at the South Carolina Administrative Law Court in
Columbia, South Carolina. However, the protestants of record, Lucy McCullough
and Mabel McCullough, failed to appear at the hearing of this matter, thereby
waiving their protests. See S.C. Code Ann. § 61-4-525(C) (Supp. 2005);
23 S.C. Code Ann. Regs. 7-201(6) (Supp. 2005). Therefore, because the protests
upon which the Department based its denial of Petitioner’s application have
been waived,
IT
IS HEREBY ORDERED that the Department SHALL CONTINUE TO PROCESS Petitioner’s application for an on-premises beer and wine permit for the
premises located at 23688 S.C. Highway 121 in Whitmire, South Carolina.
AND
IT IS SO ORDERED.
______________________________
JOHN
D. GEATHERS
Administrative
Law Judge
1205
Pendleton Street, Suite 224
Columbia,
South Carolina 29201-3731
March 28, 2006
Columbia, South Carolina |
