ORDERS:
CONSENT ORDER OF REVOCATION
This matter came before the Court pursuant to a Motion for Emergency Suspension filed by the South Carolina Department of Revenue (Department) pursuant to S.C. Code Ann. § 1-23-370(c) (2005). The Department sought to temporarily suspend the beer and wine permit and liquor by the drink license of New South Club, d/b/a Dugan’s Sports Bar and Grill (Respondent), pending a hearing on the merits for the permanent revocation of Respondent’s license and permit. After reviewing the Department’s motion, the attached affidavits of Sheriff James R. Metts, Sergeant Henry Dukes, Investigator Roger Beaver, and Investigator Stephen E. Baumgardner, all of the Lexington County Sheriff’s Office, and that of Allan Robert Balozick of the Radisson Hotel and Conference Center, along with accompanying incident reports, this Court issued an Order of Summary Suspension on October 26, 2006 and scheduled the merits of the case to be heard on Thursday, November 2, 2006 at 4:00 p.m.
Prior to the hearing on the merits, the parties reached an agreement resolving this matter and the Department’s pending Notice of Intent to Revoke. The agreement is incorporated in this Order and is as set forth below:
1. The Respondent and its principals, Pearlie Ingram and Jennifer Stewart, consent to the revocation of its beer and wine permit (32031041-PBW) and liquor by the drink license (32031041-PLC) at the location doing business as Dugan’s Sports Bar and Grill located at 1807 Bush River Road, Columbia, South Carolina, in the County of Lexington.
2. The Respondent and its principals, as individuals, or as a member, principal, officer, financial backer or silent partner of any trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group, agree to permanently vacate the premises at 1807 Bush River Road, Columbia, South Carolina. Further, Respondent and its principals, as individuals, or as a member, principal, officer, financial backer or silent partner of any trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group will not seek to open another private club, restaurant, bar, retail shop or establishment involving beer, wine or liquor at this location or within a 5 mile radius of this location.
3. Additionally, the Respondent and its principals, as individuals, or as a member, principal, officer, financial backer or silent partner of any trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group, agree that they will not apply to the South Carolina Department of Revenue, as the State licensing agency, for a beer and wine permit or liquor by the drink license at any location in Lexington County for one year from the date this Order is signed by the Court.
4. The Department agrees that it will not deny a future application or renewal of existing licenses of the Respondent’s principals based solely on the Respondent’s consent to the revocation of this license and permit. However, this is no way prohibits the Lexington County Sheriff’s Office from exercising its statutory right to protest any application of the Respondent or its principals for a beer and wine permit or liquor by the drink license in Lexington County or within 5 miles of the location.
5. If the Respondent or its principals violate any provisions of this Order, this Order shall become null and void and the Department may seek to revoke or deny licenses held by the Respondent or its principals based on the facts of this case and the Respondent’s consent to revocation.
I find that the parties freely and voluntarily entered into this agreement with the advice and consent of competent counsel and such agreement constitutes the final resolution of this matter. I further find the agreement to be fair and equitable and will approve such agreement and hereby order its adoption. As Respondent no longer requires a hearing on this matter, I also order this matter resolved with prejudice.
AND IT IS SO ORDERED.
___________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
November 2, 2006
WE SO CONSENT:
______________________ ____________________________
Lynn M. Baker Stanley L. Myers
Attorney for South Carolina S. Jahue Moore
Department of Revenue Attorneys for New South Club,
d/b/a Dugan’s Sports Bar and Grill
_______________________
John W. Tate
General Counsel, Lexington
County Sheriff’s Office |
