ORDERS:
ORDER
I. Statement of the Case
The Petitioner, Tony J. Sarcomo (Sarcomo) of Myrtle Beach, South Carolina, filed with the South
Carolina Department of Revenue (DOR), the Respondent, an application for an on-premises beer and
wine permit and minibottle license for 7515 North Kings Highway, Myrtle Beach, South Carolina.
Paul Mims, Pastor of Ocean View Baptist Church, filed a protest with DOR opposing the granting
of the permit and license. Jurisdiction vests in the Administrative Law Judge Division (ALJD). S.C.
Code Ann. §§ 61-2-260, 1-23-600(B) and 1-23-310 (Supp. 1996).
On July 22, 1997, DOR moved to be excused from appearance since it had no evidence to offer and
since DOR stated it would have granted the requested license and permit in the first instance. DOR's
motion to be excused from appearance was granted on July 31, 1997.
On September 12, 1997, a hearing was scheduled at 11:00 a.m. on the merits of this case with notice
of the hearing date provided to all parties and to the protestant. At 11:00 a.m. on September 12,
1997, Sarcomo appeared and was prepared to proceed. No appearance, however, was made by the
protestant. Sarcomo moved for an order granting the license and permit pursuant to ALJD Rule 23.
ALJD Rule 23 provides for the disposal of a contested case on the grounds of default when a
protestant fails to attend the hearing. Accordingly, Sarcomo's application is granted.
II. Order
The matter having been dismissed under ALJD Rule 23, DOR is ordered to grant the license and
permit requested by Sarcomo for an on-premises beer and wine permit and minibottle license for
7515 North Kings Highway, Myrtle Beach, South Carolina.
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
This 12th day of September, 1997.
Columbia, South Carolina |
