ORDERS:
ORDER OF DISMISSAL
This matter is currently pending before the South Carolina Administrative
Law Court. The Petitioner requested a contested case hearing following the
Department of Revenue’s denial of the Petitioner’s request for an off-premises
beer and wine permit based on the receipt of a valid public protest as to
suitability of the location by James Scarbo. According to the Department, the
Petitioner met the statutory requirements for the permit and but for the
protest, the permit would have been granted. By fax received at the court on
September 25, 2006, the Protestant withdrew his protest and indicated that he
did not intend to attend the scheduled hearing. Because the Department would
have granted the permit but for the protest and that protest has been
withdrawn, it is hereby:
ORDERED that the hearing set for Tuesday, October 24, 2006 at 2:00
PM is cancelled.
IT IS FURTHER ORDERED that this matter is remanded to the
Department of Revenue to continue to process the Petitioner’s application and
issue an off-premises beer and wine permit to the Petitioner for the location
at Steve's Corner Stop, 820 Gap Creek Road, Duncan, SC..
AND IT IS SO ORDERED.
_____________________________________
Carolyn C.
Matthews,
Administrative
Law Judge
October 17, 2006
Columbia, South Carolina |
