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 |