South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Ronald I. Paul, Midnight, Inc., d/b/a Midnight Lounge vs. SCDOR, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Ronald I. Paul, Midnight, Inc., d/b/a Midnight Lounge

Respondents:
South Carolina Department of Revenue, Doris W. Hildebrand, Carol Bongaarts, John Keefer, and Bruce Schultz
 
DOCKET NUMBER:
95-ALJ-17-0532-CC

APPEARANCES:
For the Petitioner: James H. Harrison, Esquire

For the Respondent/SCDOR: Nicholas P. Sipe, Esquire

For the Other Respondents: Pro Se
 

ORDERS:

DECISION AND ORDER

STATEMENT OF THE CASE


This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann. §§61-1-55, et seq.(Supp. 1994) and S. C. Code Ann. §§1-23-310 et seq. (1986 and Supp. 1994) for a contested case hearing. The Petitioner, Ronald I. Paul, seeks an on-premise beer and wine permit and a club sale and consumption license as a nonprofit organization for the Midnight Lounge at 2305 Taylor Street, Columbia, South Carolina. A hearing was held on September 27, 1995, in the Administrative Law Judge Division, 1205 Pendleton Street, Columbia, South Carolina.

The South Carolina Department of Revenue and Taxation ("Department") moved that this case be dismissed because the Respondent relinquished his right to apply for a permit or license at this location in a previous proceeding. The parties consented to a continuance pending this Court's determination of that Motion to Dismiss. Furthermore, they consented to the Department's position concerning the Motion to Dismiss as being representative of each party's position on this issue. Thereafter, this Court issued an Order dismissing this case.

The Petitioner now moves this Court to reconsider the Dismissal. On January 16, 1996, this Court held a conference call concerning that Motion in which the Petitioner's attorney, James H. Harrison, and the Department's attorney, Nicholas P. Sipe, presented their parties' positions. Afterwards, the Petitioner and the Department reached a Settlement Agreement which is attached and incorporated herein. The Agreement provides as follows:

1. Ronald I. Paul will withdraw his current applications for an on-premise beer and wine permit and nonprofit club minibottle license.

2. Ronald Paul will not to apply for any other license or permit at 2305 Taylor Street, Columbia, South Carolina prior to March 10, 1997, and he will not have any interest whatsoever in any corporation or entity or belong to any organization applying for a license permit at that address prior to March 10, 1997.

3. If Ronald Paul applies for a permit or license in the future, the Department, or any other party, can object to that application, and if an objection is filed, no license or permit will be granted until all interested parties have a full hearing on the merits of the application.

4. If any party applies at any time for a license or permit at 2305 Taylor Street, Columbia, South Carolina, statutory public notice must be given, and any interested citizen may protest the issuance of the license or permit.

I find this Settlement Agreement to be fair and reasonable, and hereby order its adoption.

THEREFORE, IT IS ORDERED that the beer and wine permit and minibottle applications of Ronald I. Paul, Midnight Inc., d/b/a Midnight Lounge be withdrawn, and this case be dismissed.

AND IT IS SO ORDERED.



______________________________________

Judge Ralph King Anderson, III

Administrative Law Judge

March 6, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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