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 |
