ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1999) and S.C. Code Ann. § 1-23-310, et seq.
(Supp. 1999) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit for an establishment located at
1292 Bufords Bridge Highway, Ulmer, SC 29849, South Carolina. The South Carolina Department of Revenue does not oppose
Petitioner's application and pursuant to the motion of its counsel, Nicolas P. Sipe, the Department was excused from appearing at the
hearing.
After timely notice to the parties and protestant, a hearing was held at the Administrative Law Judge Division in Columbia, South
Carolina on October 12, 2000. The protestant of record, Mayor John P. Sarver, failed to appear at the hearing of this matter, thereby
waiving his protest.
S.C. Code Ann. § 61-4-520 (Supp. 1999) establishes the criteria for the issuance of a beer and wine permit. In its Agency
Transmittal, the Department advised this tribunal that Petitioner appears to have met all statutory requirements, and but for the
protest, the Department would have issued the permit.
IT IS THEREFORE ORDERED that the Department of Revenue shall continue to process Petitioner's application for an on-premises beer and wine permit for 1292 Bufords Bridge Highway, Ulmer, SC 29849, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
October 12, 2000
Columbia, South Carolina |
