South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Rhett T. McCary, d/b/a Fred's Pub & Grub vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Rhett T. McCary, d/b/a Fred's Pub & Grub

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0061-CC

APPEARANCES:
n/a
 

ORDERS:

AMENDED ORDER

A hearing into the above matter was scheduled for March 23, 1995. However, after I received a letter from SLED agent Joe Dorton, dropping the protest, I ordered that the Hearing be cancelled and that the South Carolina Department of Revenue and Taxation issue the beer and wine permit and the business sale and consumption license applied for by the Petitioner.

The Department later informed me through a letter dated March 9, 1995, by Nicholas P. Sipe that though the Department did not originally indicate they had any interest in the outcome of the Hearing, the Applicant did not have the minimum 40 seats required for a business sale and consumption license. The Department requested that I amend my Order to require that the Applicant meet all statutory requirements before the Department is required to issue the sale and consumption license. The Applicant was properly copied by the Department's letter requesting to amend the order and has since not responded.

IT IS THEREFORE ORDERED that the South Carolina Department of Revenue and Taxation issue the beer and wine permit.

IT IS FURTHER ORDERED that the business sale and consumption license be issued upon the Applicant meeting the statutory requirements that his premises seats a minimum of 40 diners. Permit and license are to be issued only upon payment of the prescribed fee and bond by the Applicant.

IT IS SO ORDERED.



___________________________________

Ralph King Anderson, III

Administrative Law Judge

April 4, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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