ORDERS:
FINAL ORDER AND DECISION
This
matter comes before me pursuant to the South Carolina Department of Revenue’s
(Department) issuance of a Department Determination for a 45 day suspension to
Blythewood Oil Company, Inc. d/b/a Sharpe Shoppe 5 (Licensee). Licensee holds
a permit and license authorizing the sale of beer and wine for off premises
consumption at the location, 6135 State Hwy. 34 East Ridgeway, South Carolina. The
Department determined that Licensee violated S.C. Code Ann. Reg. § 7-200.4
(2007) by permitting or knowingly allowing the sale of beer or wine to a person
under the age of 21 on the licensed premises.
At
the beginning of the merits hearing before me on December 2, 2008, the parties
notified the Court that the matter had been resolved.
The
parties’ Agreement is upon the following terms and conditions:
1. Licensee
admits the violation of S.C. Code Ann. Reg. § 7-200.4 on November 7, 2007 for
permitting or knowingly allowing the sale of beer or wine to a person under the
age of 21 on the licensed premises.
2. Licensee
agrees to maintain the existing training program for its employees.
3. Licensee
agrees to re-train all of its fifty-nine employees at the earliest possible
time.
4. Licensee
agrees to pay a $2,500 penalty to the Department.
5. Licensee
agrees to a five day suspension to begin on December 6, 2008, of its off
premises beer and wine permit ending at the close of business on December 11,
2008. [Beer and Wine sales are not allowed on Sunday, December 7, 2008].
6. Licensee
agrees to institute a new “Passport” software program to be installed by March
31, 2008.
7. Licensee
agrees to maintain its policy of keeping signage stating that it does not sell
alcohol or tobacco to minors.
This
Order constitutes a final resolution of the issues stated herein between the
parties. The parties further agree that they freely and voluntarily entered
into this Agreement and that it constitutes the full and final resolution of
this matter.
AND
IT IS SO ORDERED.
December 2, 2008
The
Honorable Carolyn C. Matthews
Administrative
Law Judge
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