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 Fiona M. DeVol applied for an on-premises beer and wine permit and sale and
consumption (minibottle) license for a non-profit, private club at 9-A Sawmill Road, Kershaw
County, 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 protestants, a hearing was held at the Administrative
Law Judge Division in Columbia, South Carolina on March 17, 1998. The protestants of record,
Mr. and Mrs. Robert L. Langley, failed to appear at the hearing of this matter, thereby waiving
their protest.
S.C. Code Ann. § 61-4-520 (Supp. 1997) establishes the criteria for the issuance of a beer
and wine permit. S.C. Code Ann. § 61-6-1820 (Supp. 1997) 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 shall continue to
process Petitioner's application for an on-premises beer and wine permit and sale and
consumption license at 9-A Sawmill Road, Kershaw County, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
March 17, 1998
Columbia, South Carolina |
