ORDERS:
FINAL ORDER AND DECISION
This
matter arises out of the denial by the Department of Revenue (“Department”) of
the Petitioner’s application for an on-premises beer and wine permit based on
the receipt of a timely written protest of the application. See S.C.
Code Ann. § 61-4-525(B) (Supp. 2005). According to the Agency Information
Sheet filed with the court, the Department would have issued the requested
permit but for the protest.
The
court previously scheduled a contested case hearing in this matter for August
15, 2006. By letter dated August 9, 2006, the Protestant indicated that he
could not attend the hearing, thereby invalidating his protest. See S.C. Code Ann. § 61-4-525(C) (Supp. 2005) (“If the protestant, during the
investigation expresses no desire to attend a contested hearing and offer
testimony, the protest is considered invalid, and the department shall continue
to process the application and shall issue the permit if all other statutory
requirements are met.”). Because the Department found that the applicant meets
the statutory requirements for the requested and would have granted the
application but for the protest, which is now invalid by the terms of the
applicable statutes, it is hereby
ORDERED that the contested case hearing scheduled for August 15, 2006 is cancelled. It
is further
ORDERED that this matter is remanded to the Department of Revenue with instructions to
continue processing the Petitioner’s application and to issue an on-premises
beer and wine permit for the location at 40 West Orchard Park Drive,
Greenville, South Carolina 29615 pursuant to S.C. Code Ann. §§ 61-4-525(C),
-540 (Supp. 2005).
IT
IS SO ORDERED.
_____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
September 3, 2006
Columbia, South Carolina |