ORDERS:
ORDER
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp.
1996) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 1996) for a contested case hearing.
Petitioner Stephen L. McCourry applied for an on-premises beer and wine permit for an
establishment at 26 Walnut Lane, Travelers Rest, South Carolina. The South Carolina
Department of Revenue does not oppose Petitioner's application and pursuant to motion of its
counsel, Arlene Hand, the Department was excused from appearing at the hearing.
After timely notice to the parties and protestant, a hearing was held at the Administrative
Law Judge Division in Columbia, South Carolina on February 2, 1998. The protestant of record,
Lt. James S. Kines of the Travelers Rest Police Department, failed to appear at the hearing of
this matter, thereby waiving his protest.
S.C. Code Ann. § 61-4-520 (Supp. 1996) establishes the criteria for the issuance of a beer
and wine permit. In its Agency Transmittal, the Department advised this tribunal that Petitioner
appears to have met all statutory requirements, and but for the protest, the Department would
have issued the permit.
IT IS THEREFORE ORDERED that the Department of Revenue shall continue to
process Petitioner's application for an on-premises beer and wine permit at 26 Walnut Lane,
Travelers Rest, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
February 2, 1998
Columbia, South Carolina |