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 |