ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. §
61-2-260 (Supp. 2000) and S.C. Code Ann. §§ 1-23-310 etseq.
(1986 & Supp. 2000) for a contested case hearing. Petitioner applied
for a special off-premises beer and wine permit that will allow sales seven
days per week for an establishment located at 2947
Spruill Avenue, North Charleston, 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.
After timely notice to the parties and protestants, a hearing was held
at the Administrative Law Judge Division in Columbia, South Carolina on October
10, 2001. The protestants of record, Ms. Patsy Hughes
and Mr. Gary Lesesne, failed to appear at the hearing of this matter, thereby
waiving their protest. S.C. Code Ann. §§
61-4-510 & 61-4-520 (Supp. 2000) establish 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 a special off-premises
beer and wine permit for 2947 Spruill Avenue, North
Charleston, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
October 10, 2001
Columbia, South Carolina |