ORDERS:
ORDER OF REMAND
This matter is before the undersigned pursuant to the request of the Petitioner JoAnn Sharpe, d/b/a Sharpe's Convenience
Store ("Petitioner"), for a contested case hearing regarding her application for an on-premises beer and wine permit for the
location at 301 Manning Avenue, Sumter, South Carolina ("the convenience store" or "the subject location"). After notice
to the parties, a hearing was held today, February 14, 2003, at the offices of the Administrative Law Judge Division
("ALJD") in Columbia, South Carolina. The Respondent South Carolina Department of Revenue ("DOR") was excused
from the hearing on this matter.
During the course of the hearing, based upon the testimony of the Petitioner's husband, Calvin Sharpe ("Mr. Sharpe"), it
became apparent that Mr. Sharpe intends to play a substantial role in the operation of the convenience store. Following his
testimony, the Intervenor, City of Sumter ("City"), made a motion to remand the matter to the DOR on the grounds that the
Petitioner's application for an on-premises beer and wine permit did not indicate that Mr. Sharpe would be a part of the
operation of the convenience store, and that the City had discovered following Mr. Sharpe's testimony that Mr. Sharpe has
a criminal record. The City asked that this tribunal remand the matter to the DOR so that the DOR and the South Carolina
Law Enforcement Division ("SLED") can further investigate the Petitioner's application in light of the fact that Mr. Sharpe
will play a substantial role in the convenience store's operation. The City further requested that the transcript of today's
hearing before the ALJD in this matter be made available to the DOR for its consideration. Therefore, based on the City's
motion,
IT IS HEREBY ORDERED that this matter be remanded to the DOR to determine what impact, if any, this new
information would have upon its decision regarding the Petitioner's application for an on-premises beer and wine permit at
the subject location;
IT IS FURTHER ORDERED that the transcript of today's hearing before this tribunal be made available to the DOR for
its consideration regarding the Petitioner's application;
AND IT IS SO ORDERED.
______________________________
C. Dukes Scott
Administrative Law Judge
February 14, 2003
Columbia, South Carolina |
