ORDERS:
CONSENT AGREEMENT
In
the above captioned matter, the South Carolina Department of Revenue
(“Petitioner”) and The Morris Company of the Low Country, Inc. (“Respondent”)
agree to the following resolution of the matter as set forth below.
The
Petitioner initiated this matter by issuing an Initial Notice of Suspension and
a Final Agency Determination to the Respondent and sought to suspend
Respondent’s beer and wine permit for its premises located at 520 E. Main St.,
Ridgeland, South Carolina. The Petitioner determined that Respondent violated
23 S.C. Code Ann. Regs. 7-200.4 (Supp. 2005) by permitting a person under the
age of 21 to purchase beer upon its licensed premises.
Prior
to the contested case hearing, the parties, as attested to by the parties’
undersigned signatures, have indicated that this matter has been resolved.
The
parties’ Agreement is made upon the following terms and conditions:
1. Respondent
admits the violation occurred on July 10, 2006, when it knowingly permitted an
eighteen year old individual to purchase beer at its licensed premises, 520 E.
Main St., Ridgeland, South Carolina, in violation of Regulation 7-200.4.
2. Respondent
is aware that permitting a person under the age of 21 to purchase alcohol is
detrimental to the general public as well as the underage person. Further,
Respondent is aware that individuals under the age of 21 are incompetent to make
rational decisions regarding alcohol consumption.
3. As
this is Respondent’s third alcohol violation within a three year period,
Respondent agrees to serve a suspension of its beer and wine permit for a
period of 21 days to run consecutively from day to day until the suspension is
served. Such suspension shall begin on March 20, 2007.
4. Respondent
further agrees to surrender its beer and wine permit to the Petitioner on March
20, 2007, to the attention of:
Wanda
Grubbs
South
Carolina Department of Revenue
Office of
the General Counsel for Litigation
Post
Office Box 12265
Columbia,
South Carolina 29201
5. In
consideration of the above and based on the facts of this case, the Petitioner
agrees to accept the suspension, as set forth above, in resolution of this
violation.
6. Respondent
understands and agrees that this Agreement does not affect or resolve any
additional pending or future violations of Titles 12 or 61, South Carolina Code
of Laws or the regulations thereunder, not specifically referred to in this
Agreement or any other provisions, responsibilities, or liabilities which
Respondent has under South Carolina law.
7. This
Agreement 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 such Agreement constitutes the full and final resolution of this
matter.
I
find this Agreement to be fair and equitable and hereby approve such Agreement
and order its adoption. This Court retains continuing jurisdiction to enforce
this Order. As Respondent no longer requires a hearing on this matter, I also
Order that this matter be RESOLVED WITH PREJUDICE.
AND
IT IS SO ORDERED.
_____________________________________
JOHN D.
GEATHERS
Administrative
Law Judge
1205
Pendleton Street, Suite 224
Columbia,
South Carolina 29201-3731
March 16, 2007
Columbia, South Carolina
WE SO CONSENT:
s/Carol I.
McMahan_______________ s/Kenneth E.
Allen_____________________
Carol I. McMahan, Esquire Kenneth
E. Allen, Esquire
Counsel for South Carolina Counsel
for The Morris Company
Department of Revenue of
the Low Country, Inc.
March 8, 2007 March
5, 2007 |
