ORDERS:
FINAL DECISION
STATEMENT OF THE CASE
This matter comes before the Administrative Law Judge Division pursuant to S.C. Code Ann.
§ 61-4-520 (Supp. 1996), § 61-6-1820 (Supp. 1996) and S.C. Code Ann. §§ 1-23-310 et seq. (1986
and Supp. 1996) for a hearing pursuant to the application of Christofer L. Whitmire, Chester Street
Group, Inc. d/b/a Metropolis by the Sea ("Applicant or Petitioner") for an on-premises beer and wine
permit (AI 112326) and sale and consuption (minibottle) license (AI 112327) for the premises
located at 904 N. Chester Street, Myrtle Beach, Horry County, South Carolina ("location").
A hearing on the merits of the case was held on April 22, 1997, at the Administrative Law
Judge Division Offices, Columbia, South Carolina. The issue for consideration was the suitability
of the proposed location.
The application was protested by Rev. Needham Williamson, Pastor of the First United
Methodist Church in Myrtle Beach, South Carolina. A petition with various signatures was
forwarded by the church to the Department of Revenue. When a permit for the sale of beer and wine
or a sale and consumption license is protested, a hearing is authorized on the matter with jurisdiction
to conduct the hearing vested in the Administrative Law Judge Division. The South Carolina
Department of Revenue ("Department"), as set forth in the agency transmittal form and Motion to
Be Excused, advised the Division it would have issued the permit and license to the Petitioner but
for the protest. The Department's Motion to Be Excused from appearing at the hearing was granted.
Notice of the hearing date, time and place was provided to the parties and the protestant.
Also, a Notice to Protestant was mailed to Rev. Williamson ordering him to notify those person
listed on the petition of the scheduled hearing date. At 2:00 p.m. the Petitioner appeared and was
prepared to proceed. No appearance, however, was made by the protestant or any individuals listed
on the petition. ALJD Rule 23 provides for the dismissal of a contested case on the grounds of
default where neither a party nor a protestant attends the hearing. Since no protestant was present
to object to the issuance of the permit nor provide any testimony or evidence in support of their
objection thereto, the case is dismissed.
ORDER
Accordingly, it is hereby,
ORDERED that this case is dismissed under ALJD Rule 23 and, it is further
ORDERED that the Department of Revenue shall issue the on-premises beer and wine
permit and sale and consumption (minibottle) license as requested by the Petitioner, Christofer L.
Whitmire, for the restaurant/nightclub located at 904 N. Chester Street, Myrtle Beach, South
Carolina.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
May 8, 1997 |
