South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

Jerry Britt Enterprises, Inc. vs. SCDOR

South Carolina Department of Revenue

Jerry Britt Enterprises, Inc.
812 & 814 Harden Street, Columbia, SC

South Carolina Department of Revenue

For the Petitioner: Kenneth E. Allen, Esquire

For the Department of Revenue: Jeffrey M. Nelson, Esquire

For the Protestant: No Appearance



This matter comes before the Administrative Law Judge Division (Division) pursuant to

S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2001), S.C. Code Ann. § 61-2-90 (Supp. 2001), S.C. Code Ann. § 61-4-525 (Supp. 2001) and S.C. Code Ann. § 61-6-185 (Supp. 2001) for a contested case hearing. The Petitioner, Jerry Britt Enterprises, Inc., seeks an on-premise beer and wine permit and sale and consumption (minibottle) license for 812 & 814 Harden Street, Columbia, South Carolina. Construction of this location is to be completed in the near future. The South Carolina Department of Revenue (Department) set forth in the Agency Transmittal to the Division that it would have issued the permit to the Petitioner but for the protest it received from a concerned citizen who raised the issue of suitability of location. A hearing was held on November 26, 2002 at the offices of the Division in Columbia, South Carolina. The sole Protestant, after receiving timely notice from the Division, did not appear at the hearing and did not notify the Division that he would not be appearing. The Petitioner was present at the hearing with counsel as was the Department.

After waiting approximately fifteen (15) minutes for the Protestant to appear, the Court commenced this hearing. Upon Motion of the Petitioner, the Division then dismissed this action with prejudice under Administrative Law Judge Division Rule 23. Rule 23 provides:

The administrative law judge may dismiss a contested case or dispose of a contested case adverse to the defaulting party. A default occurs when a party fails to plead or otherwise prosecute or defend, fails to appear at a hearing without the proper consent of the judge or fails to comply with any interlocutory order of the administrative law judge. Any non-defaulting party may move for an order dismissing the case or terminating it adversely to the defaulting party.

Because the Protestant did not appear before the Division, did not request a continuance, and has not otherwise contacted this tribunal regarding this hearing as of the issuance of this Order,

IT IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice.

IT IS FURTHER ORDERED that the Department resume processing the Petitioner's application and issue an on-premise beer and wine permit and sale and consumption (minibottle) license to the Petitioner upon approved completion of the construction of the location and payment of the proper fees and costs.



Ralph King Anderson, III

Administrative Law Judge

December 3, 2002

Columbia, South Carolina

Brown Bldg.






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