South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Jacqueline Wells, d/b/a Smiley's vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Jacqueline Wells, d/b/a Smiley's

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0585-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

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). Petitioner seeks an on-premises beer and wine permit (AI 103840) and a minibottle license (AI 103841) for a location at Highway 17, Murrells Inlet, Georgetown County, South Carolina.

At the hearing of the above-captioned matter, the petitioner, Jacqueline Y. Wells, and the protestants, Lee and Whitney Hewitt, agreed to settle this matter. Pursuant to Rule 43(k), SCRCP, and the recent holdings of Ashfort Corp. v. Palmetto Constr. Group, Inc., et al., __ S.C. __, 458 S.E.2d 533 (1995) and Widewater Square Assocs. v. Opening Break of America, Inc., __ S.C. __, 460 S.E.2d 396 (1995), the terms of the settlement agreement were made in open court and noted upon the record. Because petitioner stipulated to the following restrictions, as proposed by the protestants, the protestants withdrew their protests:

1. Petitioner's daily hours of operation will not extend beyond 12:00 a.m.

2. Petitioner will not allow patrons to use the side door of her business, which faces the protestants' home, except as an emergency exit.

3. Petitioner will accept responsibility for any littering, loitering, and trespassing on the protestants' property by her patrons and will also take action to prevent the same.

IT IS THEREFORE ORDERED that the Department continue to process the petitioner's application and that the aforementioned restrictions be placed on petitioner's permit and license.

IT IS FURTHER ORDERED that this matter is hereby dismissed and the terms of the settlement agreement entered into the record are hereby incorporated into this Order by reference.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Edgar A. Brown Building

1205 Pendleton Street

Columbia, South Carolina 29201

October 18, 1995


Brown Bldg.

 

 

 

 

 

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