ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the South Carolina Administrative
Law Court. The Petitioner sought a restaurant mini-bottle license for its
restaurant at 1522 Rutherford Street in the city limits of Landrum, South
Carolina; this request was denied by the Department of Revenue based on both a
public protest as to suitability of the location by Henry Coley and the
measurement from the location to the New Testament Christian Fellowship.
Since the initial measurement by the South Carolina Law Enforcement
Division, the Petitioner has constructed a fence around his property to change
the point of ingress and egress and “ordinary pedestrian or vehicular travel”
under S.C. Code Ann. § 61-6-120 (A). With this fence, the distance from the
proposed location to the church is now 415 feet as shown on a map provide to
the Department. In addition, by telephone call received on May 23, 2006, the
Protestant withdrew his protest. Because the Department would have granted the
license but for the protest and the measurement issue, and these issues have
been resolved, it is ORDERED that this matter is dismissed with
prejudice and the hearing set for May 30, 2006 is cancelled.
IT IS FURTHER ORDERED that the Department of Revenue issue a
restaurant mini-bottle license to the Petitioner for the location at 1522
Rutherford Street, Landrum, SC.
AND IT IS SO ORDERED.
____________________________________
Carolyn C.
Matthews,
Administrative
Law Judge
May 24, 2006
Columbia, South Carolina |