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 Marion A. Miller applied for an on-premises beer and wine permit (AI 117080) and a
sale and consumption license ("minibottle") (AI 117081) for a restaurant located at 570 College
Park Road, Ladson, 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 December 22, 1997. Brian E. Myers,
protestant of record, failed to appear at the hearing of this matter, thereby waiving his protest.
Further, S.C. Code Ann. § 61-4-520 (Supp. 1996) establishes the criteria for the issuance
of a beer and wine permit and S.C. Code Ann. § 61-6-1820 (Supp.1996) establishes the criteria
for issuance of a minibottle license. 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 and license.
IT IS THEREFORE ORDERED that the Department of Revenue continue to process
Petitioner's application for an on-premises beer and wine permit and minibottle license for 570
College Park Road, Ladson, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
December 22, 1997
Columbia, South Carolina |
