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 James D. McCall, d/b/a Mack's Place ("Petitioner") for an on-premises beer and wine permit (AI 113691) for the premises located at 107 Main Street, Pickens,
Pickens County, South Carolina.
A hearing on the merits of the case was held on August 5, 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 Reverend Fred G. Stone of the First Baptist Church,
Pickens, 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 by Order dated July 1, 1997.
Notice of the hearing date, time and place was provided to the parties and the sole protestant.
At 2:00 p.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 shall issue the on-premises beer and wine permit as
requested by the Petitioner, James D. McCall, for the location at 107 Main Street, Pickens, South
Carolina.
AND IT IS SO ORDERED.
______________________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
August 5, 1997 |
