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

CAPTION:
Judith A. Hardee, Specials Inc., d/b/a Specials B & S vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Judith A. Hardee, Specials Inc., d/b/a Specials B & S

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
96-ALJ-17-0265-CC

APPEARANCES:
Judith A. Hardee, Pro Se

Arlene D. Hand, Esquire for Respondent
 

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 Judith A. Hardee, Specials Inc., d/b/a Specials B&S for an off-premises beer and wine permit for 400 17th Avenue South, North Myrtle Beach, South Carolina. The Department determined that the Petitioner met the statutory qualifications for the issuance of the beer and wine permit and but for the questions raised by the protestors regarding the suitability of the location, it would issue the permit. A letter signed by several residents of North Myrtle Beach, South Carolina protested the sale of beer and wine for on-premises consumption.

After notice to the parties and the protestors, a hearing was conducted on July 22, 1996. At the hearing, the Protestants failed to appear.

The investigative file of the Department of Revenue and Taxation reveals that the application was originally signed for an on-premises and an off-premises beer and wine permit. The applicant, Judith A. Hardee, subsequently amended her application for a permit to sell beer and wine to go. The only protests to application object to the sale of beer and wine for on-premise consumption. No one appeared at the hearing to protest the application for an off-premises beer and wine permit.

The applicant meets the qualifications of S.C. Code Ann. § 61-9-320 (Supp. 1995) for the issuance of the off-premises beer and wine permit. The applicant also testified to her qualification to hold a permit and about the operation and location of the convenience store. The evidence reveals that the location is a suitable one.

Because there was no protest to an off-premises beer and wine permit and the evidence 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-premises beer and wine permit to Judith A. Hardee, Specials Inc., d/b/a Specials, Inc., at 400 17th Avenue South, North Myrtle Beach, South Carolina, upon the payment of the appropriate fees.

AND IT IS SO ORDERED.







_______________________________

ALISON RENEE LEE

Administrative Law Judge





July _____, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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