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:
Mexacali Social Club, d/b/a Mexacali vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Mexacali Social Club, d/b/a Mexacali
1302 Cedar Lane, Greenville, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
04-ALJ-17-0025-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is here pursuant to S.C. Code Ann. § 61-2-260 (Supp. 2002) and S.C. Code Ann. §§ 1-23-310 et seq. (1986 & Supp. 2002) for a contested case hearing. Petitioner applied for an on-premises beer and wine permit and mini-bottle license for an establishment located at 1302 Cedar Lane Road, Greenville, South Carolina. In its Agency Transmittal, DOR advised that applicant appears to have met all statutory requirements, that no controversy exists between applicant and DOR, that DOR has no evidence to support denying the application, and that DOR would have issued the permit but for the protestants, Willis R. and Lisa Davis. Thus, only the protest presented the controversy. Further, no other protestants were listed in DOR’s Agency Transmittal. On January 28, 2004, Notice of Motion and Motion to Be Excused was filed by Dana R. Krajack, Attorney for Respondent, due to agreement between the parties for an expedited hearing in this matter and for the reasons as stated above. On January 29, 2004, this office was advised by protestant, Willis R. Davis, that he would be unable to attend the upcoming hearing due to recent back surgery.


In the instant case, notice of the hearing was provided to all parties as well as the protestants informing all that a hearing would be held at the Administrative Law Judge Division in Columbia, South Carolina on Tuesday, February 3, 2004, at 1:00 p.m. However, at that hearing, the protestants did not appear. Thus, the protest was waived.


Accordingly, with no protest existing, the Department of Revenue shall continue to process Petitioner’s application for an on premises beer and wine permit and mini-bottle license at the establishment of Mexacali Social Club, located at 1302 Cedar Lane Road, Greenville, South Carolina.





AND IT IS SO ORDERED.



_________________________________

RAY N. STEVENS

Administrative Law Judge


Dated: February 3, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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