ORDERS:
FINAL ORDER AND DECISION
This case is before me following
the Department’s denial of the Petitioner’s request for an off-premises beer
and wine permit for the New Town Mini Mart at 700 Lockemy Highway, Dillon, SC.
The Department denied the application based on the receipt of a protest from
the New Bethel Apostolic Church. In addition, the Department had concerns
about the ownership of the business. At the call of the case, the protestant
was not present. Upon further review, the court determined that the protest was
not valid from the beginning. The unnamed person completing the protest form
indicated that he or she did not live in the county or within five miles of the
location. I find, therefore, that the protest was not valid from the outset.
The petitioner
presented an affidavit and testified that Bryant Bethea, the individual that
the Department was concerned about, was no longer involved in the current
project. Although Mr. Swinney and Mr. Bethea had initially intended to
purchase the property and run the business together, Mr. Swinney was not
satisfied with the progress of the business while Mr. Bethea was involved. Mr.
Bethea therefore dropped out of the business venture. The Department indicated
that it was now satisfied that Mr. Bethea was not involved in the business, and
had no further concerns about the application.
There being no real
case in controversy following the determination that the protest was invalid
from the beginning, and the satisfaction of the Department’s concerns about the
ownership of the business, I find that the location shall be permitted for an
off premises beer and wine permit upon satisfactory completion of any
renovations and payment of all fees to the Department.
AND IT IS SO
ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
October 26, 2006
Columbia, South Carolina |
