South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Robin E. Rabon vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Robin E. Rabon

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
95-ALJ-17-0772-CC

APPEARANCES:
George W. Speedy, 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 Robin E. Rabon for an off-premise beer and wine permit for Somewhere located at 2327A Springvale Road in Ridgeway, 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 protestor 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 protestor. D.F. Dixon protested the proposed location. A hearing was scheduled for February 13, 1996. At the hearing the protestor failed to appear and the protest is deemed abandoned.

Based upon the investigative file of the Department of Revenue and Taxation, the applicant, Robin Rabon meets the qualifications of S.C. Code Ann. § 61-9-320 (Supp. 1995) for the issuance of the off-premise beer and wine permit. Vastine Rabon, the applicant's husband, has a criminal record. He will not be involved in the operation of the business. The location is not near any churches, schools, playgrounds, or residences. It is surrounded by woods. Next door is a pool and video business which has an on-premise beer and wine permit. The proposed location is suitable.

Because the protest is 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 Robin E. Rabon for Somewhere located at 2327A Springvale Road in Ridgeway, 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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