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:
Job Hypolite, d/b/a Nightwatch Club vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Job Hypolite, d/b/a Nightwatch Club

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0099-CC

APPEARANCES:
Kenneth E. Allen, Esquire

Attorney for the Petitioner

S.C. Department of Revenue and Taxation

Respondent (Not present at the hearing)

Protestants (Not present at the hearing)
 

ORDERS:

ORDER AND DECISION

This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1994) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 1994) for a hearing pursuant to the application of Job Hypolite. The applicant seeks an on-premises beer and wine permit (AI 101614) for a social club located at 202 Cedar Branch Road, within the City of Loris, County of Horry, South Carolina.

After timely notice to the parties and protestants, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina. The Citizens of Cedar Branch Community of Horry County, the protestants of record, failed to appear at the hearing, thereby, waiving their protest. Therefore, there is no opposition of record to the petitioner's application.

Further, S.C. Code Ann. § 61-9-320 (Supp. 1994) establishes the criteria for the issuance of a beer and wine permit.

And further, this tribunal finds that the applicant satisfies the statutory criteria for holding a beer and wine permit.

STIPULATION

The applicant agrees, as a condition to the issuance of an on-premises beer and wine permit, that the applicant's spouse, Bertha M. Hypolite, due to her criminal record, will not participate in the management or day-to-day operation of the Nightwatch Club or serve as an employee or agent of the applicant in any capacity, paid or otherwise, as it relates to the permitted premises.

IT IS HEREBY ORDERED that the applicant's spouse, Bertha M. Hypolite, shall not participate in the management or day-to-day operation of the Nightwatch Club. Further, she shall not serve as an employee or agent of the applicant in any capacity, paid or otherwise, as it relates to the permitted premises.

IT IS FURTHER ORDERED that the Department of Revenue and Taxation issue an on-premises beer and wine permit to Job Hypolite for 202 Cedar Branch Road, Loris, South Carolina upon payment of the required fee(s) and cost(s).

AND IT IS SO ORDERED.

_____________________________

JOHN D. GEATHERS

Administrative Law Judge



April 25, 1995


Brown Bldg.

 

 

 

 

 

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