ORDERS:
FINAL ORDER AND DECISION
This matter arises out of the denial by the Department of Revenue
(“Department”) of the Petitioner’s application for a retail liquor license based
on the receipt of a timely written protest of the application. See S.C.
Code Ann. § 61-6-185(B) (Supp. 2005). According to the Agency Information
Sheet filed with the court, the Department would have issued the requested
license but for the protest.
The court previously scheduled a contested case hearing in this matter
for October 3, 2006. By letter dated October 2, 2006, the Protestants indicated
that they did not intend to attend the hearing, thereby invalidating their
protests. See S.C. Code Ann. § 61-6-185(C) (Supp. 2005) (“If the
protestant during the investigation expresses no desire to attend a contested
hearing and offer testimony, the protest is deemed invalid, and the department
shall continue to process the application and shall issue the permit if all
other statutory requirements are met.”). Because the Department found that the
applicant meets the statutory requirements for the license requested and would
have granted the application but for the protests, which are now invalid by the
terms of the applicable statutes, it is hereby
ORDERED that the contested case hearing scheduled for October 3,
2006 is cancelled. It is further
ORDERED that this matter is remanded to the Department of Revenue with
instructions to continue processing the Petitioner’s application and to issue a
retail liquor license for the location at 2242 Fraser Street, Maryville Shopping
Center, South Carolina 29440 pursuant to S.C. Code Ann. §§ 61-6-185(C) (Supp.
2005).
IT IS SO ORDERED.
_____________________________________
PAIGE J.
GOSSETT
Administrative
Law Judge
October 2, 2006
Columbia, South Carolina |
