ORDERS:
ORDER OF DISMISSAL
The
above-captioned matter comes before this tribunal pursuant to S.C. Code Ann. §
61-2-260 (Supp. 2005), S.C. Code Ann. § 1-23-600(B) (Supp. 2005), and S.C. Code
Ann. § 1-23-310 et seq. (2005) for a contested case hearing. Petitioner
has applied for an off-premises beer and wine permit for a convenience store
located at 1140 East Blackstock Road in Moore, South Carolina. Respondent South
Carolina Department of Revenue (Department) does not oppose Petitioner’s
application and denied the application solely because of a protest filed
against the application by Ken Kiser, the principal of Dawkins Middle School.
After
timely notice to the parties and protestant, a hearing in this case was held at
the South Carolina Administrative Law Court in Columbia, South Carolina on Thursday,
October 12, 2006. The protestant of record, Ken Kiser, failed
to appear at the hearing of this matter, thereby waiving his protest. See S.C. Code Ann. § 61-4-525(C) (Supp. 2005); 23 S.C. Code
Ann. Regs. 7-201 (Supp. 2005). S.C. Code Ann. § 61-4-520 (Supp. 2005)
establishes the criteria for the issuance of a retail beer and wine permit. In
its Final Determination, the Department found that Petitioner met the statutory
requirements for the requested beer and wine permit and denied his application
solely because of the protest filed against the application.
IT
IS THEREFORE ORDERED that the Department SHALL CONTINUE TO PROCESS Petitioner’s application for an off-premises beer and wine permit for the
premises located at 1140 East Blackstock Road in Moore, South Carolina.
AND
IT IS SO ORDERED.
______________________________
JOHN
D. GEATHERS
Administrative
Law Judge
October 12, 2006
Columbia, South Carolina |