ORDERS:
ORDER OF SETTLEMENT AND ORDER OF DISMISSAL
This matter is before the Court based on the issuance by the South Carolina Department of
Revenue (hereinafter “Department”) of a citation, SLED Case No. 54-03-0207, and a Final
Department Determination to the Respondent, Acme Retail, Inc. d/b/a Handy Pantry Store No. 64
(hereinafter “Respondent”) for an alleged violation of 23 S.C. Code Ann. Reg. 7-9(B)(Supp. 2002),
which occurred upon the licensed premises of the Respondent on January 30, 2003. Respondents
appealed the Department’s Final Determination and requested a contested case hearing to review the
violation charged and the penalty which is sought to be imposed by the Department.
I find that this Court has subject matter jurisdiction of this matter pursuant to S.C. Code Ann.
§§61-260; 12-60-1310; and 12-60-1320.
Based upon the representations of the parties’ respective attorneys, both of whom are
competent counsel, it further appears that the Department and the Respondent have resolved all
issued in this case without the necessity of a hearing. Their resolution is incorporated into this Order.
1.The Respondent hereby agrees to the suspension of it’s Off-premise Beer/Wine
Permit, No. 32003290-PBG, for a period of ten (10) days, beginning September
15, 2003 and continuing through September 24, 2003; and
2.The Respondent agrees to immediately remit the sum of Two thousand five
hundred and no ($2,500) Dollars, upon execution of this Agreement, payable to
the South Carolina Department of Revenue; and
3.The Respondent acknowledges and agrees that this violation shall constitute a
“knowing” violation for purposes of any enhanced penalty provisions under S.C.
Rev. Ruling 95-7; and
4.The Respondent understands and agrees that this settlement and agreement does
not affect or resolve any additional or future violations of the Alcohol Beverage
Control Act or any other provisions, responsibilities, or liabilities which the
Respondent may have under South Carolina law which are not the subject of this
agreement and settlement; and.
5. The Respondent further agrees and understands that any additional violations
of any provisions of the South Carolina laws and regulations regarding the sale of
beer and/or wine may result in the temporary suspension or permanent revocation
of its beer and wine permit, or such other action as the Department is authorized
to take and as it deems appropriate.
6. The Department agrees that as it pertains to the above-captioned matter, as set
forth hereinabove, that this agreement constitutes the full and final resolution of
this matter by and between the Department and the Respondent and is entered by
the Department under the authority granted to it under S. C. Code Ann. Section
12-4-320(3) (Supp. 2000).
Based upon the foregoing, I find the agreement and settlement between the Department and
the Respondent to be fair and equitable, and I hereby approve the agreement, and hereby adopt and
merge the terms thereof with this Order.
It is further Orderd that this matter be, and is hereby, dismissed. AND IT IS SO
ORDERED.
____________________________________
Ray N. Stevens, Administrative Law Judge
Dated this 22nd day of August, 2003 |