ORDERS:
ORDER OF DISMISSAL
In the above-captioned matter, respondent has advised the Administrative Law Judge
Division, by letter dated August 4, 1995, that protestant, Ken Buck, has withdrawn his protest to
the issuance of a beer and wine permit (AI 102421) to Donald A. Morgan, Laney Oil Company,
Inc., d/b/a Best Stop #37. Upon withdrawal of this protest, there is no opposition to petitioner's
application.
However, by way of letter dated July 21, 1995, Ray L. Derrick, legal representative for
petitioner, informed this tribunal that Donald A. Morgan is no longer an employee of Laney Oil
Company. Mr. Derrick wished to substitute Judy Ann Pegues as petitioner/applicant and
indicated that Laney Oil Company remains the "primary petitioner." However, S.C. Code Ann. §
61-1-125 (Supp. 1994) clearly provides that a permit must be issued in an individual's name,
rather than in the name of a corporation or organization. This section further provides that if the
application is made for a corporation, it must be issued to a designated person who is to be
responsible under the permit as an individual. As such, it would appear that any individual,
whether substituted or not, would be subject to the statutory requirements of S.C. Code Ann. §
61-9-320 (Supp. 1994).
IT IS HEREBY ORDERED that the hearing scheduled for Monday, August 21, 1995 is
hereby canceled.
IT IS FURTHER ORDERED that this matter is dismissed and the Department of
Revenue and Taxation shall process the application of Laney Oil Company for a beer and wine
permit, according to statutory law and the policies and procedures of the Department.
AND IT IS SO ORDERED.
___________________________________
JOHN D. GEATHERS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
August 7, 1995 |