ORDERS:
ORDER OF REMAND
This contested case is presently pending before the South Carolina Administrative Law Judge Division.
This contested case involves the Respondent's denial of the Petitioner's application for an off-premises
beer and wine permit based on protests by the Santee Baptist Church as to the suitability of the location.
A hearing was scheduled in this matter for May 23, 2001 at 10:00 a.m., at the offices of the
Administrative Law Judge Division, 1205 Pendelton Street, Suite 224, Columbia, South Carolina.
Notice of the hearing was sent by United States Mail to all parties, including the Protestant, at least
thirty (30) days prior to the hearing. I convened court at 10:00 a.m., and neither the Petitioner nor the
Protestant were present. Counsel for the Respondent was present. I reconvened court again at 10:29
a.m., and neither the Petitioner nor the Protestant were present, nor did either party contact the court.
The Department of Revenue, in its Prehearing Statement, stated that the Petitioner met all statutory
requirements and it would have granted the Petitioner's application for an off-premises beer and wine
permit but for the protest by Church. By failing to appear, the Protestant's protest is deemed
abandoned. Because the protest has been abandoned, I find that the Petitioner's application should be
granted. Therefore, for good cause shown, it is hereby
ORDERED that this matter is REMANDED to the Department of Revenue so that it may issue the off-premises beer and wine permit to the Petitioner.
AND IT IS SO ORDERED.
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CAROLYN C. MATTHEWS
Administrative Law Judge
May 23, 2001
Columbia, South Carolina |
