ORDERS:
ORDER OF DISMISSAL
This matter comes before this tribunal pursuant to S.C. Code Ann. § 61-2-260 (Supp. 1998) and S.C. Code Ann. §§ 1-23-310, et seq. (Supp. 1998) for a contested case hearing. Petitioners applied for an on-premises beer and wine permit for an establishment located at 1906 Highway 174, Edisto Island, South Carolina. However, at the April 22, 1999, hearing of this matter, Petitioners amended the application to apply for an off-premises beer and wine permit for a convenience store to be operated at this location.
The hearing was attended by all protestants of record. As a result of the amendment to the application, Counsel for the Department stated that as amended, but for the protests, the Department would grant the permit. With the exception of Rev. C.F. Klotzberger, all of the protestants withdrew their protests. Rev. Klotzberger stated that he was "not taking a position." Although Rev. Klotzberger did not technically withdraw his protest, he did not state any grounds for objection to the permit. Thus, there is no opposition on the record for this tribunal to consider.
S.C. Code Ann. § 61-4-520 (Supp. 1998) establishes the criteria for the issuance of a beer and wine permit, which Petitioners satisfy. Further, based on the evidence presented at the hearing, Petitioners appear to be fine, upstanding members of the community.
IT IS THEREFORE ORDERED that the Department of Revenue issue a permit for an off-premises beer and wine permit for 1906 Highway 174, Edisto Island, South Carolina, upon payment of the required fee(s) and cost(s) by the applicant.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
April 22, 1999
Columbia, South Carolina |
