South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
JAYLAN, INC., d/b/a Corner Stop Liquors, #9 vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
JAYLAN, INC., d/b/a Corner Stop Liquors, #9

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
06-ALJ-17-0048-CC

APPEARANCES:
For the Petitioner: Thomas Belenchia, Esquire

For the Department of Revenue: Dana R. Krajack, Esquire

For the Protestants: No Appearance
 

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.[1] 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.



[1] Two protestants had notified the court that they would not be able to attend the hearing. This fact was noted on the record.


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