APPEARANCES:
Petitioners & Representative: Nancy L. Foy, Country Crossroads, Inc., d/b/a Country Crossroads, Kenneth E. Allen, Esquire
Respondents & Representative: South Carolina Department of Revenue, Arlene D. Hand, Esquire
Parties Present: Petitioner present, Respondent excused, and no protestants in attendance at the hearing |
ORDERS:
FINAL ORDER AND DECISION
A hearing in this matter was held at 2:00 p.m. on September 28, 1998. More than thirty days prior
to the hearing date, a Notice of Hearing was provided to all parties and to the protestants.
Kenneth E. Allen, Esq., Attorney for Petitioner, was present at the hearing along with Nancy L. Foy.
The Petitioner was prepared and was ready to proceed with a hearing on the merits. The Department
of Revenue (DOR) made no argument seeking to deny the renewal of either Petitioner's beer and
wine permit or Petitioner's minibottle license. Rather, DOR was excused from appearance by an
order dated July 30, 1998 which explains that DOR stated no evidence would be offered by DOR,
DOR would have granted the permit but for the protests, and no controversy exists between DOR
and the Petitioner.
Given the fact that the parties presented no controversy, the presence of a protestant was required
to give rise to a question to be adjudicated. No protestant attended the hearing. Thus, the protest
is deemed abandoned. Given the fact that no challenge remained to the renewals of the permit and
license, Petitioner made a motion that the permit and license be approved due to a lack of opposition.
The Motion is granted.
Therefore, IT IS ORDERED that DOR approve the renewal of SC870074 and BW870073 for Nancy
L. Foy, Country Crossroads, Inc., d/b/a Country Crossroads.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 29th day of September, 1998
Columbia, South Carolina |
