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.
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C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 14, 2002
Columbia, South Carolina |