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:
Causeway Enterprises, Inc., d/b/a Causeway Grill & Raw Bar vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Causeway Enterprises, Inc., d/b/a Causeway Grill & Raw Bar
211 Atlantic Avenue, Garden City, SC

Respondents:
South Carolina Department of Revenue

Intervenor:
Seawatch Inn at the Landing Homeowners Association, Inc.
 
DOCKET NUMBER:
02-ALJ-17-0339-CC

APPEARANCES:
For the Petitioner: Kenneth E. Allen, Esquire

For the Respondent: Jeffrey M. Nelson, Esquire

For the Intervenor: Eugene C. Fulton, Jr., Esquire
 

ORDERS:

ORDER OF REMAND

This matter comes before me pursuant to the request of the Petitioner for a contested case hearing regarding the Respondent's denial, based upon public protest of the Intervenor, of an on-premises beer and wine permit and a sale and consumption ("mini-bottle") license for a location at 211 Atlantic Avenue, Garden City, South Carolina. Evidence admitted during a hearing of this matter on October 14, 2002 indicates that the public notice provided regarding Petitioner's application for the permit and license was insufficient to put the public on notice as to the exact location for which Petitioner seeks the permit and license. The notice indicated only that Petitioner seeks the permit and license for the location at 211 Atlantic Avenue. However, in its application, Petitioner seeks to merge the location at 211 Atlantic Avenue with an existing, permitted and licensed business at 213 Atlantic Avenue. As they stand now, 211 Atlantic Avenue and 213 Atlantic Avenue are two separate locations. Because the public notice failed to reveal that the permit and license sought for the location at 211 Atlantic Avenue will also apply to the separate location existing at 213 Atlantic Avenue, the notice was insufficient.

IT IS HEREBY ORDERED that this case is REMANDED to the Department so that proper public notice may be given consistent with the Petitioner's application;

AND IT IS SO ORDERED.



___________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



October 14, 2002

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court