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:
Little Billy Food Stores, Inc., d/b/a Little Billy Food Stores, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Little Billy Food Stores, Inc., d/b/a Little Billy Food Stores, Inc.

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
99-ALJ-17-0221-CC

APPEARANCES:
Ken Allen
Attorney for Petitioner

Arlene Hand
Attorney for Respondent
 

ORDERS:

ORDER

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. Petitioner applied for an on-premises beer and wine permit for an establishment located at 508 West Gold Street, McCormick, 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 July 12, 1999. The protestants of record, McCormick Police Chief Leroy Martin and Caroline E. Sanders, failed to appear at the hearing of this matter, thereby waiving their protests.

S.C. Code Ann. § 61-4-520 (Supp. 1998) 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 protests, 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 508 West Gold Street, McCormick, South Carolina.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

July 12, 1999

Columbia, South Carolina


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