ORDERS:
ORDER GRANTING MOTION FOR RECONSIDERATION AND ORDER AMENDING FINAL ORDER AND DECISION
By a
Final Order and Decision dated March 20, 2006, this tribunal granted, with
restrictions, Petitioner’s application for an on-premises beer and wine permit
and a nonprofit private club minibottle license. By a Motion for
Reconsideration filed on March 29, 2006, Petitioner requests that the Court
reconsider the restriction requiring the Petitioner to close at 12:00 midnight
on Saturdays and Sundays. Petitioner asserts that this restriction is unnecessary
and not supported by the evidence. Petitioner requests that it be allowed to
be open until 2:00 a.m. on those nights with the understanding that Petitioner
obey all local noise ordinances.
The
South Carolina Department of Revenue does not have a position on this matter.
For the reasons set forth below, I find that Petitioner has demonstrated
sufficient grounds for a reconsideration of this tribunal's Final Order in this
matter.
A
motion under Rule 59(e), SCRCP, as applied through ALC Rule 68, serves to ask
the judge to reconsider any previously raised and decided issue encompassed in
the judgment. Arnold v. State, 309 S.C. 157, 420 S.E.2d 834
(1992). Petitioner asks the Court to reconsider the restriction requiring the
Petitioner to close at 12:00 midnight on Saturdays and Sundays. Petitioner
requests that it be allowed to be open until 2:00 a.m. on those nights.
After
reviewing the record in this case, I find that no one specifically requested a
12:00 midnight closing time. Further, I find that the record in this case
indicates that most of the problems in the area occur after 2:00 a.m. and that
most of the problems are not directly linked to this establishment.
Therefore,
for the reasons set forth above,
IT
IS HEREBY ORDERED that Petitioner's Motion for Reconsideration is GRANTED.
IT
IS FURTHER ORDERED that the Final Order and Decision issued in this case on
March 20, 2006 shall be AMENDED so that Restriction #4 on page 8 of the
Order shall read:
“4. Petitioner’s
hours of operation at the location shall be between 6:00 p.m. and 2:00 a.m.
Monday through Friday, and between 1:00 p.m. and 2:00 a.m. on Saturday and
Sunday.”
AND IT IS SO ORDERED.
___________________________
John D. McLeod
Administrative Law Judge
April 5, 2006
Columbia, South Carolina |
