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:
Mary M. Hess, d/b/a Mary's Hot Dogs vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Mary M. Hess, d/b/a Mary's Hot Dogs

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
98-ALJ-17-0603-CC

APPEARANCES:
Stevens B. Elliot, Esquire
for Petitioner

Carol I. McMahan, 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 applied for an on-premises beer and wine permit for an establishment located at 1830 Frink Street, Cayce, South Carolina. The South Carolina Department of Revenue does not oppose Petitioner's application.

After timely notice to the parties and protestants, a hearing was held at the Administrative Law Judge Division in Columbia, South Carolina on January 21, 1999. The protestants of record, George O. Raines and Rev. G. Franklin Reese, failed to appear at the hearing of this matter, thereby waiving their protests.

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 Petitioner appears 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 Petitioner's application for an on-premises beer and wine permit for 1830 Frink Street, Cayce, South Carolina.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

January 21, 1999

Columbia, South Carolina


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