South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
William B. Dukes, Carolina Steakhouse Ventures, d/b/a Longhorn Steaks of Decker vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
William B. Dukes, Carolina Steakhouse Ventures, d/b/a Longhorn Steaks of Decker

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
97-ALJ-17-0450-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

In the above-captioned case, Petitioner applied for an on-premises beer and wine permit (AI 113455) and a sale and consumption license (AI 113456). A hearing was scheduled for August 25, 1997. However, prior to the hearing of this matter, Loretta Ingram informed this tribunal of her desire to withdraw the previously filed protest. It appears that the sole protest in this matter relates to the distance of the restaurant from Dent Middle School. The Department has provided information from the investigator regarding the distance, measured at 514 feet. This exceeds the statutory requirements that a business licensed for the sale of alcoholic liquors be located at least 500 feet from a school. See S.C. Code Ann. § 61-6-120 (Sup. 1996). Upon withdrawal of the protest and information regarding the distance, there was no opposition of record to the issuance of Petitioner's on-premises beer and wine permit and sale and consumption license. Therefore, a hearing is not necessary.

IT IS THEREFORE ORDERED that this matter is dismissed and that the Department of Revenue shall continue to process the application of William B. Dukes, Carolina Steakhouse Ventures, d/b/a Longhorn Steaks of Decker for an on-premises beer and wine permit and sale and consumption license.

AND IT IS SO ORDERED.



ALISON RENEE LEE

Administrative Law Judge

August 20, 1997

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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