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:
Gary R. Howard and Teresa Howard, Galaxy Arcade, Inc., d/b/a Galaxy Arcade, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Gary R. Howard and Teresa Howard, Galaxy Arcade, Inc., d/b/a Galaxy Arcade, Inc.

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0185-CC

APPEARANCES:
Gary Howard, Pro Se
 

ORDERS:

ORDER

This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1997) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 1997) for a contested case hearing. Petitioners Gary and Teresa Howard applied for an on-premises beer and wine permit for an establishment at 208 West Main Street, Lake City, South Carolina. The South Carolina Department of Revenue does not oppose Petitioners' 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 10, 1998. The protestant of record, Ronnie E. Roberts, Chief of the Lake City Police Department, failed to appear at the hearing of this matter, thereby waiving his protest.

S.C. Code Ann. § 61-4-520 (Supp. 1997) establishes the criteria for the issuance of a beer and wine permit. In its Agency Transmittal, the Department advised this tribunal that Petitioners appear 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 Petitioners' application for an on-premises beer and wine permit for 208 West Main Street, Lake City, South Carolina.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

June 10, 1998

Columbia, South Carolina


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