ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2001) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2001) for a contested case hearing. Petitioner seeks an on-premises beer and wine permit for an
establishment located at 126 Jackson Road, Gadsden, South Carolina. The South Carolina Department of Revenue does
not oppose Petitioner's application and pursuant to the motion of its counsel, Nicholas Sipe, the Department was excused
from appearing at the hearing.
After timely notice to the parties and protestant, a hearing was held at the Administrative Law Judge Division in Columbia,
South Carolina on Thursday, November 7, 2002. The protestant of record, Carnell Williams, Sr., failed to appear at the
hearing of this matter, thereby waiving his protest. S.C. Code Ann. § 61-4-520 (Supp. 2001) establishes 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
an on-premises beer and wine permit for 126 Jackson Road, Gadsden, South Carolina, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
November 7, 2002
Columbia, South Carolina |
