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BE MI v. SOUTH CAROLINA DEPT. OF REVENUE

No. 5233.

408 S.C. 290 (2014)

758 S.E.2d 737

BE MI, INC. d/b/a St. Clements Beach Bar & Grill, Respondent, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, and St. Clements Homeowners Association, Intervenor, Of whom St. Clements Homeowners Association is the Appellant, and South Carolina Department of Revenue is the Respondent.

Court of Appeals of South Carolina.

Decided May 28, 2014.

Attorney(s) appearing for the Case

James J. Corbett , of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Appellant.

Clifford Leon Welsh , of Welsh & Hughes, of North Myrtle Beach, for Respondent Be Mi, Inc.

Kathryn Ray Brown , Sean Gordon Ryan , Harry T. Cooper, Jr. , and Milton Gary Kimpson , all of Columbia, for Respondent South Carolina Department of Revenue.

KONDUROS, J.

St. Clements Homeowners Association (the Homeowners Association) appeals the administrative law court's (ALC) decision that Be Mi, Inc. met the requirements for a restaurant liquor by the drink license. It contends Be Mi does not meet the seating requirements because some of the seats counted are in common areas and other seats are bar stools at a rail. It also asserts Be Mi does not have control over the deck, where many of its seats are located, and...

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