ORDERS:
ORDER AND DECISION
This matter comes before me pursuant to S.C. Code Ann. § 61-1-55 (Supp. 1995) and S.C.
Code Ann. § 1-23-310. et seq. (Rev. 1986 & Supp. 1995) upon the application of Stephen K. Basden
for an off-premise beer and wine permit for Holland Street General Store located at 1600 Holland
Street in West Columbia, South Carolina. The Department moved to be excused from participating
in the hearing because there were no issues in controversy with the Petitioner. The Department
determined that the Petitioner met the statutory qualifications for the issuance of the beer and wine
permit and but for the question raised by the protestors regarding the suitability of the location, it
would issue the permit. By Order dated February 12, 1996, the Department was excused from the
hearing.
Notice of the hearing was sent to the parties and to the protestors. Rev. Leverne Williams
of the Calvary Community Church protested the proposed location. The Lexington County Sheriff
also submitted a protest if the community protested. A hearing was scheduled for February 13, 1996.
At the hearing the protestors failed to appear and their protests are deemed abandoned.
Based upon the investigative file of the Department of Revenue and Taxation, the applicant,
Stephen Basden meets the qualifications of S.C. Code Ann. § 61-9-320 (Supp. 1995) for the issuance
of the off-premise beer and wine permit. The location has been licensed in the past for sale of beer
and wine for off-premise consumption. It was known as F & D Grocery. The applicant currently
holds a temporary permit allowing the sale of beer and wine for off-premises consumption pending
the hearing in this matter.
Because the protests are deemed abandoned and the file reveals that the applicant is qualified
and the location is suitable, it is hereby
ORDERED, that the Department of Revenue and Taxation shall issue an off-premise beer
and wine permit to Stephen K. Basden for the Holland Street General Store at 1600 Holland Street
in West Columbia, upon the payment of the appropriate fees.
AND IT IS SO ORDERED.
_________________________
ALISON RENEE LEE
Administrative Law Judge
February _____, 1996
Columbia, South Carolina |