South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Stephen K. Basden, d/b/a Holland Street General Store vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Stephen K. Basden, d/b/a Holland Street General Store

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0769-CC

APPEARANCES:
James Harrison, Esquire
 

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


Brown Bldg.

 

 

 

 

 

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