ORDERS:
ORDER AND DECISION
This case comes before me for a hearing at the Administrative Law Judge Division {Division}
offices, Columbia, South Carolina, on April 17, 1996, pursuant to Motion filed by Charles M. Hursey,
Tri-State Investments, Inc., d/b/a Tri-State Investments (Petitioner) for Dismissal of the protest of
Charles A. Campbell. Petitioner was represented at the hearing. The Protestant, Charles A.
Campbell, did not appear at the hearing.
Previously hereto, Ms. Lorie D. Bosart of 7661 Quest Street, North Charleston, South
Carolina, filed a protest to Petitioner's application. However, in a letter received by the Division on
April 12, 1996, from her attorney, Johnny F. Driggers, she withdrew her protest. Petitioner's Motion
for dismissal of the Protestant Charles A. Campbell, is based upon the protest to the grant of the
liquor license.
S. C. Code Regs. Section 7-3 requires that a Protestant must reside in the county where the
license is requested to be granted. Petitioner is requesting in his application an on-premises beer and
wine permit and a business sale and consumption (mini-bottle) license for the location at 4141
Dorchester Road, North Charleston, Charleston County, South Carolina. In his protest letter
received by the South Carolina Department of Revenue and Taxation (Department) on December 29,
1995, Mr. Campbell writes that his address is "Rt. 1 Box 1174 Cottageville S.C. 29435". In an
effort to determine the county of residence of the Protestant, Petitioner sought the deposition of Mr.
Campbell who failed to show at the designated time and place set.
The record reflects that Mr. Campbell was mailed both by first class mail and by certified
return receipt requested, both to his Cottageville and Charleston, South Carolina addresses, a copy
of the Order and Notice of the Hearing on this Motion to Dismiss. The letter mailed to the
Cottageville, South Carolina address by certified mail was received and signed for. Since
Cottageville, South Carolina is within Colleton County and Mr. Campbell has failed to respond to
efforts by Petitioner's legal counsel to establish Charleston County as his legal residence, I find the
Motion to Dismiss Mr. Campbell as a Protestant to Petitioner's application for a liquor license should
be granted.
Based upon the above reasoning, it is hereby
ORDERED that Charles A. Campbell is dismissed as a Protestant to Petitioner's application
for an business sale and consumption (mini-bottle) license for the location at 4141 Dorchester Road,
North Charleston, Charleston County, South Carolina, and it is further
ORDERED that the Department shall proceed forthwith in processing and issuing the applied
for on-premises beer and wine permit and business sale and consumption (mini-bottle) license upon
payment of the required fees.
AND IT IS SO ORDERED.
____________________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
April 17, 1996 |
