South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Shaum’s Casablanca, Inc., d/b/a Junior’s Sports Bar & Grill vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Shaum’s Casablanca, Inc., d/b/a Junior’s Sports Bar & Grill

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
06-ALJ-17-0587-CC

APPEARANCES:
n/a
 

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 and a license to sell liquor by the drink based on the receipt of a timely written protest of the application. See S.C. Code Ann. § 61-4-525(B), § 61-6-1825(B) (Supp. 2005). According to the Agency Information Sheet filed with the court, the Department would have issued the requested permit and license 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.”); § 61-6-1825(C) (Supp. 2005) (containing virtually identical language to § 61-4-525(C)). Because the Department found that the applicant meets the statutory requirements for the permit and license 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 and liquor by the drink license for the location at 14 Gladys Drive, Greenville, South Carolina 29605 pursuant to S.C. Code Ann. §§ 61-4-525(C), -540; § 61-6-1825(C) (Supp. 2005).

IT IS SO ORDERED.

_____________________________________

PAIGE J. GOSSETT

Administrative Law Judge

September 3, 2006

Columbia, South Carolina


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