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:
Frank Johnson, d/b/a City Liquor Store vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Frank Johnson, d/b/a City Liquor Store

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0500-CC

APPEARANCES:
Kenneth C. Allen, Attorney for Petitioner

Arlene D. Hand, Attorney for Respondent
 

ORDERS:

FINAL ORDER AND DECISION

This matter comes before me pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1997) and S.C. Code Ann. § 1-23-310, et seq. (1986 & Supp. 1997) on Petitioner's application for a retail liquor license (AI# 120983) at 609 Rutledge Street, Camden, South Carolina. After notice to the parties and Protestant, a hearing was conducted on November 18, 1998. Both parties were represented by counsel, but no persons appeared to protest the issuance of the license sought. The Protestant is in default pursuant to ALJD Rule 23 for failure to appear at the hearing, and his protest is hereby dismissed. Respondent South Carolina Department of Revenue ("DOR") opposes Petitioner's application only to the extent that the proposed location currently fails to meet all required structural specifications for a liquor store set forth in § 61-6-1510 (Supp. 1997). Petitioner intends to renovate the location prior to opening for business.

Based upon the relevant and probative evidence, the applicable law, and by stipulation and consent of the parties on the record at the hearing, I find the proposed location is suitable for the issuance of a retail liquor license upon Petitioner's meeting the applicable structural requirements for a liquor store set forth in § 61-6-1510. DOR is therefore ordered to issue the license sought upon Petitioner's completion of the necessary work to meet the applicable structural standards to DOR's satisfaction.

AND IT IS SO ORDERED.

_________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

November 20, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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