ORDERS:
ORDER OF DISMISSAL
The above-entitled case is pending before the Administrative Law Judge Division. On June
18, 1996, a letter and agreement was received from Gary W. Poliakoff, Attorney for Intervenors,
stating that the Intervenors wished to withdraw their protest to the license (see attached).
Therefore, IT IS ORDERED that the above-captioned case be and hereby is dismissed and no hearing
will be held upon this matter.
___________________________________
RAY N. STEVENS
Administrative Law Judge
This 19th day of June, 1996
Columbia, South Carolina.
June 18, 1996
Honorable Ray N. Stevens
Administrative Law Judge
Edgar A. Brown Bldg, Suite 224
1205 Pendleton St.
Columbia, SC 29201
Re: Gunesh S. Naik, d/b/a 57 Stop N Shop v. S.C. Department of Revenue and Taxation
Docket No. 96-ALJ-17-0195-CC
Dear Judge Stevens:
This is to confirm my telephone conversation with you office. I represent the Protestants
(Intervenors), and they have agreed to withdraw their opposition to the permit, subject to the
Agreement attached hereto dated June 18, 1996. In essence, the Agreement indicates that the permit
will be for sale of beer and wine for off premises consumption only, and will not include sale or
consumption of any other alcoholic beverages or spirits. Further, the only change in the previous
license, which has existed at this location for a number of years, is the name of the new owner.
Certainly, this is subject to your approval, but anticipating same, there would be no need for the
hearing tomorrow.
This Agreement was provided to me by Charles Rice, attorney for Mr. Naik. I am providing a copy
of this letter to Mr. Rice, as well as to the Department of Revenue and Taxation, which I understand
was taking no position in regard to the hearing anyway.
My clients wish to go on record as stating that they do not consent to the permit, but they are
withdrawing their opposition to the permit, subject to the attached Agreement.
If you would like for us to appear before you tomorrow, or if you would like any further information
regarding this, please contact me and I will do so promptly.
I look forward to seeing you in the near future.
With kindest regards, I am,
Very truly yours,
Gary W. Poliakoff
Attorney at Law, P.A.
cc: Charles Rice, Jr., Esq.
SC Dept. of Revenue and Taxation
J. W. McCraw
STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
AGREEMENT
This Agreement is executed and delivered this 18th day of June, 1996, to Attorney Gary W. Poliakoff
for the Reverend Jack Eason, Mr. Harley Gilmore, Reverend John Lynch and Mr. Joe W. McCraw.
This is to confirm that an application for a beer and wine retail sale license tor Ganesh S. Naik, d/b/a
57 Stop N Shop is for the retail sale of beer and wine for off-premises consumption only, and it does
not include the sale and/or consumption of any other alcoholic beverage or spirits.
The application pending is for authority to sell cold beer and wine and is identical to the alcohol sale
permit which has existed on the premises for some number of years.
The only contemplated change in the license is the name of the new owner as appears below as the
signatory party to this Agreement.
This Agreement is given in consideration for the withdrawal of the protest against the issuance of a
new license by the deliverees of this document.
Signed at Spartanburg, S.C., this 18th day of June, 1996.
WITNESS:
Rembert D. Parler Ganesh S. Naik d/b/a 57 Stop N Shop |
