ORDERS:
ORDER OF DISMISSAL
This matter comes before the undersigned pursuant to S.C. Code Ann. § 61-2-260 (Supp.
2003) and S.C. Code Ann. § 1-23-310, et seq. (Supp. 2003) for a contested case hearing. Petitioner
applied for an on-premises beer and wine permit and a sale and consumption (minibottle) license for
an establishment located at 632 ½ Hwy 9 Bypass, Lancaster, South Carolina.
A Notice of Hearing scheduling this matter to be heard at 10:00 a.m. on Wednesday, May
19, 2004, was filed and served on the parties and the protestant on April 13, 2004. The hearing was
called to order at the time and place set forth in the Notice of Hearing. Both Petitioner and
Respondent were present at the hearing. However, the protestant of record, Priscilla H. Jackson,
failed to appear at the hearing of this matter, thereby waiving her protest.
S.C. Code Ann. §§ 61-4-520 and 61-6-1820 (Supp. 2003) establishes the criteria for the
issuance of a beer and wine permit and a sale and consumption (minibottle) license. In its Agency
Transmittal and at the hearing, the Department advised the Court that Petitioner appears to have met
all statutory requirements, and but for the protest, the Department would have issued the permit.
IT IS THEREFORE ORDERED that the Department of Revenue shall issue to the
Petitioner an on-premises beer and wine permit and sale and consumption (minibottle) license for
the location at 632 ½ Hwy 9 Bypass, Lancaster, South Carolina.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
May 20, 2004
Columbia, South Carolina |
