ORDERS:
INTERLOCUTORY ORDER
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. (1986 & Supp. 1995) upon application to the South
Carolina Department of Revenue and Taxation ("DOR") for an off-premises beer and wine permit
for 4301 Highway 72/221 East, Greenwood, South Carolina, filed by Gladys Y. Carnes,
application number BG 105693, being protested. A contested case hearing was held April 17,
1996. The primary issue in controversy involved the suitability of the proposed business location
for the sale of beer and wine. DOR did not appear at the hearing, having been excused from
participation upon motion granted, based upon its assertion that, but for the unanswered question
of suitability of location, DOR would have issued the permit and that DOR had no evidence to
present on the issue. During the course of the hearing, testimony was presented indicating that a
previous permittee, Franklin R. Mathis, Petitioner's former husband, was issued a beer and wine
permit by the ABC Commission for the same location in or about 1979, after a contested case
hearing on the merits. The existence and content of the Commission's final order in an earlier
case is relevant to the determination of location suitability in the present matter.
IT IS THEREFORE ORDERED that DOR search it records for the above-described
ABC Commission order, and any other agency decisions involving the proposed location, and to
file with this Court and serve on the above listed persons, no later than April 29, 1996, a certified
copy of any such written decisions.
Upon review of such prior decisions, if any, the evidence presented at the April 17, 1996
hearing, and the applicable law, a final decision will be rendered in this matter.
______________________________________
STEPHEN P. BATES
ADMINISTRATIVE LAW JUDGE
April 19, 1996
Columbia, South Carolina |
