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) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 and Supp. 1996) for a
hearing pursuant to the application of John P. Buff, Savings Carolina Division, d/b/a Dodge's Store
("Petitioner") for an off-premises beer and wine permit (AI 112499) for the premises located at
Outparcel 2, Rockville Centre, Easley, Pickens County, South Carolina ("location").
A hearing on the merits of the case was held on July 7, 1997, at the Anderson County
Courthouse, Anderson, South Carolina. The issue for consideration was the suitability of the
proposed location.
The application was protested by Greer Memorial Baptist Church, Easley, South Carolina.
When a permit for the sale of beer and wine 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 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 sole protestant.
At 11:00 a.m. the Petitioner appeared and was prepared to proceed. No appearance, however, was
made by anyone representing the protestant. 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 off-premises beer and wine
permit as requested by the Petitioner, John P. Buff, for the location at Outparcel 2, Rockville Centre,
Easley, South Carolina.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
July 8, 1997 |