South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Stone Soup Market & Cafe, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Stone Soup Market & Cafe, Inc.

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
06-ALJ-17-0045-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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