(A) A person residing in the county in which a retail beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Court.
(C) If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is considered invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs.
HISTORY: 1998 Act No. 363, Section 1; 2005 Act No. 161, Section 23.E.
Structure South Carolina Code of Laws
Title 61 - Alcohol and Alcoholic Beverages
Chapter 4 - Beer, Ale, Porter, And Wine
Section 61-4-10. Nonalcoholic beverages defined.
Section 61-4-20. Sales without taxes levied.
Section 61-4-40. Credit sales prohibited.
Section 61-4-50. Sales to underage persons.
Section 61-4-60. False information about age.
Section 61-4-70. Posting signs.
Section 61-4-80. Purchase of beer or wine for a person to whom it cannot lawfully be sold.
Section 61-4-90. Transfer of beer or wine for underage person's consumption.
Section 61-4-100. Criminal charges brought against both seller and purchaser.
Section 61-4-110. Open containers in motor vehicle.
Section 61-4-120. Sunday sales; exception.
Section 61-4-140. Open containers on Sundays.
Section 61-4-150. Sales by unlicensed persons.
Section 61-4-160. Discount pricing for on-premises consumption.
Section 61-4-170. Beverages resembling vegetable, fruit, or soft drinks.
Section 61-4-190. Warrants for unpaid penalties.
Section 61-4-200. Transfers of beer or wine.
Section 61-4-210. Temporary retail permits.
Section 61-4-220. Food service.
Section 61-4-230. Refusal to permit inspection.
Section 61-4-240. Temporary possession, consumption, or sale permits.
Section 61-4-260. Monies received.
Section 61-4-270. Revocation of permits.
Section 61-4-300. "Producer" defined.
Section 61-4-310. Certificate of registration.
Section 61-4-320. Suspension or revocation of certificate of registration.
Section 61-4-330. Books and records audit.
Section 61-4-340. Shipping; brand registration.
Section 61-4-350. Seizure and sale of contraband beer or wine.
Section 61-4-360. Samples of wine.
Section 61-4-500. Applications.
Section 61-4-510. Special retail beer and wine permits.
Section 61-4-520. Retail permits; requirements.
Section 61-4-530. "Dry" political subdivisions in neighboring states.
Section 61-4-540. Issuance of permits; bonds.
Section 61-4-550. Special permits for use at fairs and special functions.
Section 61-4-560. Operation without a permit.
Section 61-4-570. Wine service for consumption on premises.
Section 61-4-580. Prohibited acts.
Section 61-4-590. Revocation or suspension of permits; department investigation and determination.
Section 61-4-600. Surrender of license.
Section 61-4-610. Unlawful sales.
Section 61-4-630. Sunday sales.
Section 61-4-700. Wine labeling.
Section 61-4-710. Labels, standards, and identity.
Section 61-4-720. Sale of wine by winery located in state; wine tastings.
Section 61-4-725. Wine sales by temporary permit; authorized hours.
Section 61-4-730. Sales by permitted wineries.
Section 61-4-736. Coupons and rebates for the purchase of wine.
Section 61-4-737. Wine tastings.
Section 61-4-740. Special orders for out-of-state wine.
Section 61-4-745. Transporting into and out of State for personal consumption; limits; labeling.
Section 61-4-748. Certain wineries eligible for satellite location certificates.
Section 61-4-750. Adulterated wine.
Section 61-4-760. Inspection of out-of-state wine; wine packages.
Section 61-4-770. Wines containing more than sixteen and one-half percent alcohol.
Section 61-4-900. Posting of retail permit.
Section 61-4-910. Penalties; revocation or suspension of permit.
Section 61-4-920. Penalties for violation of rule or regulation.
Section 61-4-930. Wholesaler advertising.
Section 61-4-940. Practices between manufacturer, wholesaler, and retailer.
Section 61-4-942. Distribution agreements; prohibited acts.
Section 61-4-945. Coupons and rebates for the purchase of beer.
Section 61-4-960. Retailers of beer for off-premises consumption, beer tastings; penalties.
Section 61-4-1100. Prohibited practices.
Section 61-4-1110. Shipment and receipt of malt beverages.
Section 61-4-1120. Jurisdiction of court to enjoin cancellation or termination.
Section 61-4-1130. Sale of beer wholesale interest.
Section 61-4-1140. Enforcement.
Section 61-4-1300. Territorial agreements.
Section 61-4-1310. Filings with the department.
Section 61-4-1320. Resale price agreements.
Section 61-4-1500. Breweries and wineries.
Section 61-4-1510. Permit applications.
Section 61-4-1515. Breweries; sales of beer for on- and off-premises consumption; penalties.
Section 61-4-1520. Violation of rule or regulation.
Section 61-4-1530. Operation of brewery or winery without permit.
Section 61-4-1540. Adoption of Chapter 21 of Title 12.
Section 61-4-1700. Definitions.
Section 61-4-1720. Permit in lieu of certain other permits.
Section 61-4-1740. Authority of permittee.
Section 61-4-1750. Compliance with DHEC rules and regulations.
Section 61-4-1760. Off-premises sales or shipment.
Section 61-4-1770. Suspension or revocation of permit.
Section 61-4-1910. Definitions.