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:
El Vall of Columbia, Inc., d/b/a El Valle Mexican Restaurant vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
El Vall of Columbia, Inc., d/b/a El Valle Mexican Restaurant
2630 Decker Blvd., Columbia, SC

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
01-ALJ-17-0496-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter comes before me on the application of Petitioner for a sale and consumption (minibottle) license for a restaurant located at 2630 Decker Boulevard, Columbia, South Carolina.

Respondent initially objected to the issuance of the license as it appeared from the initial measurement that Petitioner's restaurant did not comply with the statutory minimum distance from Dent Middle School. On December 11, 2001, Counsel for the parties met at the proposed location with an agent of the South Carolina Law Enforcement Division, and re-measured the distance between the school and the restaurant.

The parties agree that Regulation 7-55 requires that the measurement be made of the distance between the entrance of the restaurant and the entrance to the grounds of the school nearest an entrance to the school building. The parties agree that the entrance to the grounds of Dent Middle School that is nearest an entrance to a school building where classes are conducted is over one thousand feet from the proposed location. This distance was measured along the public thoroughfare and is the route of normal vehicular or pedestrian traffic. Based on this new measurement and agreement, Respondent now withdraws its objection to the issuance of the license, and agrees that Petitioner meets all statutory requirements for the license.

This matter is hereby remanded to the South Carolina Department of Revenue for it to continue processing Petitioner's application for a sale and consumption license.

THEREFORE, IT IS ORDERED that this case be remanded to the South Carolina Department of Revenue.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

ADMINISTRATIVE LAW JUDGE



December 12, 2001

Columbia, South Carolina





I SO MOVE: s/Nicholas P. Sipe

Nicholas P. Sipe, Attorney for Respondent





I CONSENT: s/Kenneth E. Allen

Kenneth E. Allen, Attorney for Petitioner


Brown Bldg.

 

 

 

 

 

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