ORDERS:
ORDER OF DISMISSAL
This matter is before me pursuant to Petitioner's request for a contested case hearing filed with the Administrative Law
Judge Division (ALJD) on December 21, 2000. The Agency Transmittals, filed with the ALJD by South Caroline
Department of Revenue (DOR), states that Petitioner was denied an application for an off-premises beer and wine permit
(00-ALJ-17-0697) and an application to operate a retail liquor store (00-ALJ-17-0692). The Agency Transmittal also states
that the Petitioner met all statutory requirements for each permit, and both permits would have been issued but for
concerned citizens (Protestants) raising the question of the suitability of the location. The proposed location for the sell of
beer and wine is 4205 South Pine Street Extension, Spartanburg, South Carolina. The proposed location for the retail sell
of liquor is 4205B South Pine Street Extension, Spartanburg, South Carolina.
By letter of Rhonda and Steven Smith filed with the ALJD on January 9, 2001, and signed by all Protestants, the ALJD was
informed that Protestants request to withdraw their protest to this matter. The letter further states that Protestants
understand that beer, wine, and liquor will be sold at the proposed locations if the permits are issued. The sell of alcoholic
beverages is limited to off-premises sales. There is no permit issued in this matter to allow on-premises sell of alcoholic
beverages.
The off-premises beer and wine permit and retail liquor permit would have been issued to Petitioner but for Protestants
concerns. The Protestants have withdrawn their protest for the issuance of the permits, therefore, DOR may issue the
permits to Petitioner in this matter.
IT IS HEREBY ORDERED that this matter is dismissed and DOR may issue the off-premises beer and wine permit and
the retail liquor permit.
AND IT IS SO ORDERED.
_______________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
February 28, 2001
Columbia, South Carolina |