ORDERS:
ORDER OF DISMISSAL
Petitioner seeks an off-premises beer and wine permit for a grocery store located at 1532 Main Street, in downtown Columbia. But
for the protests, the Department would have issued the permit. This matter was initially scheduled for hearing on February 20, 2001.
Moments before the hearing was to begin, Mr. Burgess called and stated that he could not attend due to emergency surgery he had on
February 16, 2001. The matter was rescheduled for March 20, 2001 at 10:00 a.m. Although notice was sent to the parties and
protestants, Mr. Burgess failed to appear at the hearing on the merits. "Generally, the burden of proof rests upon the party who
asserts the affirmative of an issue. Am. Jur. 2d, Evidence § 127." Alex Sanders et al. Trial Handbook for S.C. Lawyers § 9.3 Burden
of Proof (2000). Further, Petitioner bears the burden of going forward. See also, Sanders supra § 9.1 Burden of Proof and Burden of
Going Forward (2000). Therefore, he is deemed to have withdrawn or abandoned his application in this matter.
THEREFORE, IT IS HEREBY ORDERED that the Department shall not issue a beer and wine permit for Burgess Enterprises,
Inc. d/b/a The City Store located at 1532 Main Street, Columbia, South Carolina. Nothing in this order shall be construed as
precluding Mr. Burgess from submitting a new application for a beer and wine permit.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
April 10, 2001
Columbia, South Carolina |
