ORDERS:
CONSENT ORDER GRANTING MOTION FOR CLARIFICATION AND SECOND ORDER AMENDING FINAL ORDER AND DECISION
By an Order
Granting Motion for Reconsideration and Order Amending Final Order and
Decision, Petitioner’s application for an on-premises beer and wine permit and
a nonprofit private club minibottle license was granted, as amended. By a
Second Motion for Reconsideration and/or Clarification, Petitioner requests
that the Court reconsider or clarify the restriction requiring Petitioner to
close at 2:00 a.m. Petitioner asserts that the restriction is overly broad
when applied to activities not controlled by the permit and license and
requests that it be allowed to remain open and allowed to serve food after 2:00
a.m.
Based on the consent
of the parties and a review of the evidence, I find that Petitioner has
demonstrated grounds for reconsideration of this Court’s Order of April 5,
2006.
After reviewing
the record in this case, I find that the sale of food after 2:00 a.m. should be
allowed, but it remains the decision of this Court that beer and wine and
alcohol sales must end at 2:00 a.m.
Based on the
foregoing and with the consent of the South Carolina Department of Revenue,
IT IS HEREBY
ORDERED that Petitioner’s Second Motion for Reconsideration and/or
Clarification is GRANTED.
IT IS FURTHER
ORDERED that the Final Order and Decision issued in this case on March 20,
2006, as amended by this Court’s Order of April 5, 2006 shall be AMENDED so the Restriction #4 on page 8 of the Order shall read:
“4.
Petitioner’s hours of operation for the sale of beer and wine and the sale of
alcohol 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. Nothing herein shall
restrict Petitioner from remaining open beyond these times for other legal
purposes not involving the sale of beer and wine and the sale of alcohol as
those activities are not a part of this permitting and licensing process.”
AND IT IS SO
ORDERED.
_________________________________
John D. McLeod
Administrative
Law Judge
April 26, 2006
Columbia, South Carolina |
