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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Gary T. Martin, Martin's Entertainment, Inc., d/b/a Diamondhead Lounge vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Gary T. Martin, Martin's Entertainment, Inc., d/b/a Diamondhead Lounge

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0565-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

The parties to the above captioned action through the undersigned counsel hereby move and consent to the dismissal of this case.

The grounds for the dismissal are that:

1. The only issue in this case is whether Petitioner's applications for a beer and wine

permit and mini bottle license applied for on June 1, 1998 should be granted by The

S.C. Department of Revenue, the Respondent.

2. Based on the information provided in the application and provided by SLED's

investigator, Respondent believes that Petitioner meets all qualifictions for a beer

and wine permit and mini bottle license.

3. Henry Lord, the only protestor to the beer and wine permit at issue, has informed the

Department of Revenue that he will not appear at the scheduled hearing to protest the

beer and wine permit at issue. See attached Affidavit of Arlene D. Hand.

4. Based on the amendment to S.C. Code Ann. 61-4-525 (R.481), the Department has

determined Mr. Lord's protest to be invalid.

THEREFORE, it is hereby ORDERED that the case is dismissed and it is ORDERED that the Department shall issue the beer and wine permit and mini bottle license at issue and applied for by Petitioner.





IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge

November 2, 1998

Columbia, South Carolina

WE SO MOVE AND CONSENT:

NELSON. MULLINS, RILEY DEPARTMENT OF REVENUE

& SCARBOROUGH, L.L.P.

Zoe Sanders Nettles Arlene D. Hand

Keenan Building, Third Floor State of South Carolinna

1330 Lady Street Department of Revenue

P. O. Box 11070 P. O. Box 125

Columbia, SC 29211 Columbia, SC 29214

Attorneys for Petitioner Attorneys for Department of Revenue







NOTE: See File for Attachment of Affidavit as referred to in Item No. 3 above.


Brown Bldg.

 

 

 

 

 

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