ORDERS:
ORDER OF DISMISSAL
This matter
comes before the Administrative Law Court pursuant to S.C. Code Ann. §§ 1‑23‑310
et seq. (1986 & Supp. 2005) and S.C. Code Ann. §§ 61‑6‑110,
-120, -170 (Supp. 2005)) for a contested case hearing. The Petitioner, JAYLAN,
INC., d/b/a Corner Stop Liquors, #9, seeks a retail liquor license for the location
at 416 A W. Cherokee Street, Blacksburg, South Carolina. The South Carolina
Department of Revenue (Department) stated that all statutory and regulatory
requirements had been met by the applicant. The Department, however, received
protests from several concerned citizens who raised the issue of suitability of
location. A hearing was held on May 18, 2006 at the Court in Columbia, South
Carolina. The Protestants, after receiving timely notice from the Court, did
not appear at the hearing and did not notify the Court that they would not be
appearing. The
Petitioner was present at the hearing as was the Department.
After waiting
approximately fifteen (15) minutes for the Protestants to appear, the Court
commenced this hearing. The Court dismissed this action with prejudice under SC
Code Ann. §61-4-525 (Supp. 2005) which states that, “If the protestant, during
the investigation expresses no desire to attend a contested hearing and offer
testimony, the protest is deemed invalid, and the department shall continue to
process the application and shall issue the permit if all other statutory
requirements are met.”
The only issue
to be decided was the Protestants’ arguments on the suitability of this location.
Because the Protestants did not appear before the Court and have not contacted
this court regarding this hearing as of the issuance of this Order,
IT IS HEREBY
ORDERED that the above‑captioned case is dismissed with prejudice.
IT IS FURTHER
ORDERED that the Department resume processing the Petitioner's application,
and issue a retail liquor license to the Petitioner.
AND IT IS SO
ORDERED.
_______________________________
CAROLYN C.
MATTHEWS
Administrative
Law Judge
May 18, 2006
Columbia, South
Carolina.
|