ORDERS:
ORDER OF REMAND
This
matter comes before the Administrative Law Court (ALC or Court) pursuant to
S.C. Code Ann. §§ 1-23-310 et seq. (2005), 61-2-260, 61-4-525,
and 61-6-1825 (Supp. 2005) for a contested case hearing. Petitioner seeks the
issuance of an on-premises beer and wine permit and a non-profit private club minibottle
and liquor by the drink license for its location at 6023 Two Notch Road, Columbia,
South Carolina. But for a public protest filed with the Department of Revenue
(Department), it would have granted Petitioner’s request for a beer and wine permit.
However, the Department denied Petitioner’s application for the liquor license based
in part upon the filing of a timely protest and upon information that indicated
the location did not meet the statutory distance requirements of S.C. Code Ann.
§ 61-6-120 (Supp. 2005).
Pursuant
to notice to the parties and Protestants, a hearing was held on May 22, 2006 at
the offices of the ALC in Columbia, South Carolina. Prior to the conclusion of
the hearing, the sole Protestant in this matter, Ernest W. Yarborough, withdrew
his protest to that application. Therefore, the only remaining issue between
the parties is compliance with the S.C. Code Ann. § 61-6-120. Accordingly,
IT
IS HEREBY ORDERED that the above-captioned case is remanded to the
Department for further consideration of the above issue.
AND
IT IS SO ORDERED.
__________________________________
August 25, 2006 Marvin
F. Kittrell
Columbia, South Carolina Chief
Administrative Law Judge |
