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:
Bruce L. Rochester, LHD, Inc., d/b/a The Water Hole vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Bruce L. Rochester, LHD, Inc., d/b/a The Water Hole

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0275-CC

APPEARANCES:
James H. Harrison, Esquire, for Petitioner

Arlene D. Hand, Esquire for Respondent
 

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. Petitioner Bruce L. Rochester applied for an on-premises beer and wine permit for an establishment at 3742 Old Dobbins Bridge Road, Fair Play, Anderson, South Carolina. The South Carolina Department of Revenue does not oppose Petitioners' application, but did appear at the hearing.

After timely notice to the parties and protestant, a hearing was held at the Spartanburg County Courthouse, Family Courtroom #3, 180 Magnolia Street, Spartanburg, South Carolina on June 15, 1998. The protestant of record, Lt. Becky Fachting, of the Anderson County Sheriff's Office, failed to appear at the hearing of this matter, thereby waiving her 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 3742 Old Dobbins Bridge Road, Fair Play, Anderson, South Carolina.

AND IT IS SO ORDERED.



______________________________

Marvin F. Kittrell

Chief Judge

June 16, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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