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 sale and consumption (minibottle) license liquor license for an establishment located at
5509 Hwy. 187, Anderson, 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 25, 2004, at 1:00 p.m. Prior to the hearing, the Court was notified by Pastor J. Robert
Hicks, of Barnett Grove Emanuel Holiness Church, named Protestant in this matter, that they were
withdrawing their protest in this matter due to recent information received by the church from the South
Carolina Law Enforcement Division (SLED) confirming that the proposed location is 500 feet or more
from the church site of Barnett Grove Emanuel Holiness Church. The Court contacted Robert Dorsey,
owner of the above referenced establishment to inform him that the hearing in this matter had been
canceled due to the withdrawal of the protest. There being no further controversy,
IT IS HEREBY ORDERED that the Department of Revenue shall continue to process Petitioner’s
application for the above-captioned establishment.
AND IT IS SO ORDERED.
_________________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 25, 2004
Columbia, South Carolina |
