ORDERS:
ORDER
This matter comes before this tribunal pursuant to S.C. Code Ann. section 61-2-260
(Supp. 1997) and S.C. Code Ann. sections 1-23-310, et seq. (Supp. 1997) for a contested case
hearing. Petitioner Sushilaben J. Patel applied for an off-premises beer and wine permit and a
retail liquor license for an establishment at 780 Parris Island Gateway, Port Royal, South
Carolina. The South Carolina Department of Revenue does not oppose Petitioner's application
and pursuant to the 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 June 16, 1998. The protestant of record,
Reverend Wayne Lewis, failed to appear at the hearing of this matter, thereby waiving his
protest.
S.C. Code Ann. section 61-4-520 (Supp. 1997) establishes the criteria for the issuance of
a beer and wine permit. S.C. Code Ann. sections 61-6-110 and 61-6-120 establish the criteria for
the issuance of a retail liquor license. In its Agency Transmittal, the Department advised this
tribunal that with the exception of the structural requirements of S.C. Code Ann. section 61-6-1510 (Supp. 1997), Petitioner appears to have met all statutory requirements, and but for the
protest, the Department would have issued the permit and license once the structural
requirements were met.
IT IS THEREFORE ORDERED that the Department of Revenue shall continue to
process Petitioner's application for an off-premises beer and wine permit and a retail liquor
license for 780 Parris Island Gateway, Port Royal, South Carolina.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
June 16, 1998
Columbia, South Carolina |
