South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Ghaleb Abdelnabi, d/b/a Shop ‘n’ Go vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Ghaleb Abdelnabi, d/b/a Shop ‘n’ Go, 1140 East Blackstock Road, Moore, South Carolina

Respondents:
South Carolina Department of Revenue
 
DOCKET NUMBER:
06-ALJ-17-0664-CC

APPEARANCES:
Joseph G. Armstrong, Esquire
For Petitioner

Lynn M. Baker, Esquire
For Respondent
 

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


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