ORDERS:
ORDER OF DISMISSAL
This matter is presently pending before the Administrative Law Judge Division. A hearing on the merits is scheduled for
Wednesday, April 12, 2000. The Petitioner seeks an on-premises beer and wine permit for the location at 841 Old Camden
Road, Bishopville, South Carolina 29070, in Lee County. The sole Protestant in this matter, Elvira Carter, was granted
Intervenor status by my Order dated February 2, 2000. The Respondent, South Carolina Department of Revenue,
determined that the location met all statutory requirements for an on-premises beer and wine permit. The sole purpose for
the Department denying the application was the public protest by Ms. Carter. It has come to the Court's attention that Ms.
Carter no longer resides within the State of South Carolina, but rather resides in Virginia Beach, Virginia.
S.C. Code Ann. § 61-4-525 (Supp. 1999) provides that a person may protest the issuance or renewal of a beer and wine
permit only if the person resides in the same county as the proposed location or within five miles of the proposed location.
Ms. Carter no longer meets the statutory criteria for a Protestant. Her protest, therefore, is not valid. Because there is no
valid protest against the proposed location and the Department has determined the location has met all the statutory
requirements for an on-premises beer and wine permit, it is hereby
ORDERED that the present case is DISMISSED WITH PREJUDICE, and
IT IS FURTHER ORDERED that the hearing scheduled for Wednesday, April 12, 2000 is hereby CANCELED, and
IT IS FURTHER ORDERED that the South Carolina Department of Revenue grant the Petitioner's application for an
on-premises beer and wine permit for the location at 841 Old Camden Road, Bishopville, South Carolina 29070, in Lee
County.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
April 10, 2000
Columbia, South Carolina. |
