ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2002) and S.C.
Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) for a contested case hearing. Petitioner applied for an
on-premises beer and wine permit for an establishment located at 664 Columbia Road, Winnsboro, South
Carolina. The South Carolina Department of Revenue does not oppose Petitioner's application and, pursuant
to the motion of its counsel, Nicholas P. Sipe, the Department was excused from appearing at the hearing.
After timely notice to the parties and the protestant, a hearing of this matter was held at the
Administrative Law Judge Division in Columbia, South Carolina, on Thursday, August 7, 2003. Counsel for
Petitioner and for the Department appeared at the hearing. However, the protestant of record, Lieutenant
Dunstan Padgett, who filed his protest on behalf of the Fairfield County Sheriff’s Office, failed to appear at
the hearing of this matter, thereby waiving the Sheriff’s Office’s protest. S.C. Code Ann. § 61-4-520 (Supp.
2002) 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 for the requested
permit, and that, but for the protest, the Department would have issued the permit. Therefore,
IT IS HEREBY ORDERED that the Department of Revenue shall continue to process Petitioner's
application for an on-premises beer and wine permit for the premises located at 664 Columbia Road,
Winnsboro, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
August 7, 2003
Columbia, South Carolina |
