ORDERS:
CONSENT ORDER
This
matter before the Court pursuant to a Request for a Contested Case Hearing
pursuant to the South Carolina Revenue Procedures Act. The Petitioner has filed
a Request for a Contested Case Hearing to Contest the South Carolina Department
of Revenue's Final Determination, wherein the Department sought the revocation
of the Respondent's, Strikers Restaurant & Lounge of Surfside, ("Strikers")
Restaurant Mini-bottle license and beer/wine permit.
The
Court has scheduled the Contested Case revocation hearing for January 11, 2006,
at 2:00 o’clock p.m.. However, as attested to by the parties undersigned
signatures, through their respective attorneys, the matter has been resolved by
the parties and further, seek approval by this Court of their agreement and
dismissal of this matter before the Court, upon the following terms and
conditions:
1.
The Respondent admits that it did, by and through its employees, permit a
criminal act, to wit: Simple Possession of Marijuana, and further, did Hinder a
Lawful Inspection by the South Carolina Law Enforcement Division (“SLED”).
2.
The Respondent consents to the revocation of its Restaurant Minibottle License
(No. 32016612-PSB) and its Beer and Wine On-premise Permit (No. 32016612-PBW).
3.
The Respondent understands and agrees that this settlement and consent to
revocation does not affect or resolve any additional pending or future
violations of the Alcohol Beverage Control Act not specifically referred to in
this Order or any other provisions, responsibilities, or liabilities which the
Respondent has under South Carolina law.
4.
This Agreement and Order constitutes a final resolution of the issues stated
herein between the parties.
WHEREFORE,
having reviewed this agreement and the terms thereof, I hereby approve, adopt,
and merge same as an Order of this Court; and further, dismiss the Petition in
this matter with prejudice.
_________________________ ____________________________________
Dana R. Krajack, Esq. Strikers
Restaurant & Lounge of Surfside
Counsel for Regulatory Litigation by
Kenneth E. Allen, Esq.
P.O. Box 12265 1201
Main Street, Suite 1980
Columbia, SC 29211 Columbia,
SC 29201
(803) 898-5172 (803)
748-1335
January ____, 2006 January
______, 2006
IT IS SO ORDERED
__________________________
Hon. John D. McLeod
Administrative Law Judge
January 6, 2006 |