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:
Johnny D. Smith, d/b/a Stadium Club Hitters Park & Training Center vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Johnny D. Smith, d/b/a Stadium Club Hitters Park & Training Center

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
96-ALJ-17-0450-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER AMENDING FINAL ORDER OF 2/26/97

This matter is before me upon Respondent's Motion filed with the Court on March 6, 1997 to amend or modify this Court's Order dated February 26, 1997, which is incorporated herein by reference. Pursuant to ALJD Rule 51, Respondent requests that the Court amend its Order by changing four references to the street name "Augusta Road," to "Dickert Drive." Respondent's Motion is granted.

IT IS THEREFORE ORDERED that the Court's Order dated February 26, 1997, is amended as follows:

1. By changing the first sentence of the last paragraph of subsection "c. Other Considerations" on Page 5 to read as follows:

"In the immediate vicinity of the proposed location,

the business establishment directly across Dickert Drive

has also changed."

2. By changing "Findings of Fact" #22 on Page 9 to read as follows:

"At or before the time of the previous denial, the business

establishment directly across Dickert Drive from the

proposed location was a restaurant licensed to sell beer

and wine, but it eventually closed."





3. By changing "Findings of Fact" #23 on Page 9 to read as follows:

"Since the previous denial, the business establishment

directly across Dickert Drive from the proposed

location reopened as Bright Ideas Child Development

Center and currently serves as an after school day

care facility for thirty-two children, ages 6-12."

4. By changing "Findings of Fact" #24 on Page 9 to read as follows:

"The change in the business activity at the business

establishment directly across Dickert Drive from the

proposed location constitutes a material change."

AND IT IS SO ORDERED.





________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

March 12, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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