South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Enmark Stations, Inc., d/b/a Enmark Station #350 vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Enmark Stations, Inc., d/b/a Enmark Station #350
426 North Highway 52, Moncks Corner, South Carolina

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
00-ALJ-17-0598-CC

APPEARANCES:
James H. Harrison for Petitioner
 

ORDERS:

FINAL ORDER

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 off-premises beer and wine permit for an establishment located at 426 North Highway 52, Moncks Corner, South Carolina. The South Carolina Department of Revenue does not oppose Petitioner's application and pursuant to the motion of its counsel, Jeffrey M. Nelson, the Department was excused from appearing at the hearing.

After timely notice to the parties and protestants, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina on December 15, 2000. The protestants of record failed to appear at the hearing of this matter, thereby waiving their protests.

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 protests, 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 off-premises beer and wine permit for 426 North Highway 52, Moncks Corner, South Carolina, South Carolina.

IT IS FURTHER ORDERED that the motion of James H. Harrison to amend the caption in this case is GRANTED, as reflected above.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge



December 15, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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