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

Gladys Y. Carnes, d/b/a Village Store vs. SCDOR

South Carolina Department of Revenue

Gladys Y. Carnes, d/b/a Village Store

South Carolina Department of Revenue

Kenneth E. Allen, Attorney for Petitioner
1201 Main Street
Columbia, SC 29201

Arlene D. Hand, Attorney for Respondent
Post Office Box 125
Columbia, SC 2914

Rev. W.F. Patterson, Spokesperson for Protestants
300 Chestnut Street
Clinton, SC 29325



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.




April 19, 1996

Columbia, South Carolina

Brown Bldg.






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