ORDERS:
FINAL DECISION
This matter comes before me pursuant to S.C. Code Ann. 1-23-310 et seq. (Supp. 1995) for a hearing pursuant
to the applications of Walter T. Leopard, Jr., for an off-premise beer and wine permit (AI 109072) and a retail liquor license
(AI 109073) for a location on Highway 14, Old Texaco Building, Gray Court, Laurens County, South Carolina ("location").
Notice of the date, time, place and nature of the hearing was given to all parties and to the Protestants of
record whose names were listed in the Transmittal forwarded to the Administrative Law Judge Division ("Division") by the
Department of Revenue ("Department"). On August 19, 1996, this Tribunal received a letter from the Department,
requesting that it be excused from having to appear or be represented at the hearing. An Order was signed by me on
September 3, 1996 excusing the Department from attending the hearing since the issue of suitability of the location was
based upon a protest by numerous individuals and citizens ("Protestants") of the Town of Gray Court. However, since Ms.
Hand was already in Spartanburg, South Carolina on the morning of the hearing, she appeared on behalf of the
Department.
This hearing was held on October 18, 1996, at the Spartanburg County Courthouse, Spartanburg, South Carolina.
After the record was opened but prior to taking any testimony, the attorneys for both the Applicant and the Protestants
advised that they had reached an agreement which they wished to present to the Court for its consideration and approval.
The agreement provides that the Applicant will continue with his application for an off-premise beer and wine permit at
the location but will withdraw his application for a retail liquor license. The Protestants agree to withdraw their protest
solely to the off-premise beer and wine permit application.
Upon questioning Ms. Cheyenne Workman (spokesperson for the sixteen (16) Protestants appearing at the hearing)
and the Applicant I have determined that the agreement of the parties and the Protestants reflects their wishes and
should be made a part of this Order. Further, after reviewing the file I conclude that the Applicant has met and
complied with all statutory provisions for the grant of the off-premise beer and wine permit at the location.
ORDER
Accordingly, it is hereby
ORDERED that Petitioner's application for an off-premise beer and wine permit (AI 109072) for the location at
Highway 14, Town of Gray Court, Laurens County, South Carolina be granted and the Department shall issue the permit
to the Applicant upon payment of the prescribed fee(s) and bond(s), and
IT IS FURTHER ORDERED that the request by the Applicant for a contested case hearing to determine the issue
of the grant or denial of the retail liquor license request (AI 109073) be dismissed.
AND IT IS SO ORDERED.
_________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
October 21, 1996 |
