ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1998) and S.C. Code Ann. § 1-23-310, et seq.
(Supp. 1998) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit for an establishment located at
Hwy. 28 N. & Hwy. 10, McCormick, South Carolina. The South Carolina Department of Revenue does not oppose Petitioner's
application and pursuant to the motion of its counsel, Nicholas P. Sipe, the Department was excused from appearing at the hearing.
Upon timely notice to the parties and protestant, a hearing was scheduled to be held at the Administrative Law Judge Division in
Columbia, South Carolina on December 19, 2000. Prior to the scheduled hearing, the protestant of record, Kenneth Duncan, notified
this tribunal in writing that he was withdrawing his protest.
S.C. Code Ann. § 61-4-520 (Supp. 1998) 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 Hwy. 28 N. & Hwy. 10, McCormick, South Carolina. IT IS FURTHER ORDERED that the
hearing scheduled for December 19, 2000, is canceled and this matter is dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
December 5, 2000
Columbia, South Carolina |
