South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

James D. McCall, d/b/a Mack's Place vs. SCDOR

South Carolina Department of Revenue

James D. McCall, d/b/a Mack's Place

South Carolina Department of Revenue

For the Petitioner: Dallas D. Ball, Esquire

For the Respondent/South Carolina Department of Revenue: Arlene D. Hand, Esquire (Excused from appearance at the hearing)




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.


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.



Marvin F. Kittrell

Chief Judge

Columbia, South Carolina

August 5, 1997

Brown Bldg.






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