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:
DRK Concepts, LLC d/b/a Phoenix Café vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
DRK Concepts, LLC d/b/a Phoenix Café
101 Court Square, Abbeville, SC

Respondent:
South Carolina Department of Revenue
 
DOCKET NUMBER:
04-ALJ-17-0034-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 license for an establishment known as DRK Concepts, LLC d/b/a Phoenix Café, located at 101 Court Square, Abbeville, South Carolina. In its Agency Transmittal and in a Motion to be Excused, 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 protestant. Thus, only the protest presented the controversy.


In the instant case, notice of the hearing was provided to all parties as well as the protestant informing all that a hearing would be held at the Administrative Law Judge Division in Columbia, South Carolina on Thursday, March 4, 2004, at 1:00 p.m. However, at that hearing, the protestant 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 license for DRK Concepts, LLC d/b/a Phoenix Café, 101 Court Square, Abbeville, South Carolina.


AND IT IS SO ORDERED.

_________________________________

RAY N. STEVENS

Administrative Law Judge


Dated: March 4, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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