ORDERS:
CONSENT ORDER
These
matters are before the Administrative Law Court pursuant to actions taken by
the South Carolina Department of Revenue (hereinafter “Department”) seeking to revoke
the off premises beer and wine permit held by R.L. Jordan Oil Co. of North
Carolina (hereinafter Licensee) at 3213 Farrow Road in Columbia, South Carolina
and denying the renewal of R.L. Jordan’s off premises beer and wine permit at
this same location. Docket No. 06-ALJ-17-0815 (hereinafter the “revocation
proceeding”) arose from the appeal of a final agency determination of the Department
issued on September 25, 2006 seeking to revoke the location’s beer and wine
permit. Whereas, Docket No. 06-ALJ-17-0822 (hereinafter the “renewal action”)
arose from an appeal of the Department’s denial of the Licensee’s application
for renewal of its off premises beer and wine permit based on the filing of a
public protest by the Fifth Circuit Solicitor’s Office. Upon a motion filed by
the Department, the two cases were consolidated by this Court for hearing
purposes only.
Prior
to a hearing on the merits, the parties reached an agreement resolving the
revocation proceeding and satisfying the concerns of the Department in the
renewal action. In exchange for the parties’ agreement that Docket No.
06-ALJ-17-0815-CC (the “revocation proceeding”) shall be dismissed, with
prejudice, the Respondent agrees to abide by the following restrictions of its
off premises beer and wine permit. This agreement shall further satisfy the
concerns of the Department in Docket No. 06-ALJ-17-0822-CC (the “renewal
proceeding”). These conditions shall remain in effect until they are modified
by further order of a court of competent jurisdiction, or August 31, 2010,
whichever occurs first.
1. Licensee shall not
sell beer and wine Monday through Saturday between the hours of 3 a.m.
to 7 a.m. The parties recognize that this restriction does not include sales
of beer and wine on Sundays because pursuant to State law beer and wine sales
must cease “between the hours of twelve o’clock Saturday night and sunrise Monday
morning.”
2. Licensee shall employ
a private security guard from 8 p.m. to 12 midnight on Monday through
Thursday and 12 midnight to 4 a.m. on Fridays and Saturdays. Subject to any
change in policy that may affect the availability of off-duty officers of
the law, Licensee shall employ uniformed, off-duty officers of the law to provide
the security described herein.
3. Licensee shall
maintain the current 18 security cameras located around the property in
good operating condition. Licensee shall further retain the security tapes
for at least 30 days and provide the tapes to law enforcement upon request.
4. Licensee shall provide
for a minimum of two employees (in addition to the security guard
described in Paragraph 2) on duty at all times, with one employee having
the ability to patrol the parking the lot.
5. Licensee shall
maintain the fencing surrounding the rear of the building to eliminate
access to the secluded areas of the property. As such, all gates on the fencing
shall remained locked at all times, unless in use for a community function,
in order to prevent cars cruising or circling the location. This stipulation shall
remain effective for the duration of this agreement as long as the Licensee owns
or is in control of the rear property and would not affect any subsequent owner
of the rear property.
6. Licensee shall not
permit or knowingly allow loitering, the consumption of alcoholic
beverages, or profanity in or around the premises. The security guard and
other employees of the location shall have a duty to patrol the interior and exterior
of the premises to prevent these and other undesirable behaviors, such as panhandling.
Violators will be instructed to leave and/or law enforcement will be
contacted.
7. Licensee shall not
permit or knowingly allow patrons to park in vehicles for extended
periods of time, play loud music, or leave vehicles parked there unattended
for an extended period of time. The security guard and other employees
of the location shall have a duty to patrol the area to prevent these and other
undesirable behaviors.
8. Licensee shall ensure
that litter on the premises is picked up at least twice per day, once
in the morning and once in the afternoon, and will provide and maintain trash
receptacles around the gas pumps, the sides, and the front of the building.
9. Licensee shall post
signs on all sides of the outside of the building notifying patrons
that there shall be no loitering, consumption of alcoholic beverages, or use
of profanity on the premises.
10. Licensee will not play
music at the gas pumps during any time.
11. Licensee shall maintain
in good working condition the interior and exterior lighting to
include the lighting around the gas pumps, the sides of the building, and the
rear of the building.
12. Licensee shall remove
all signage and merchandise display units from the storefront
windows in order to maintain clear sight lines and provide maximum visibility
inside and outside the store.
13. Licensee shall, upon
reasonable request, allow use of the rear of the property for community
outreach programs.
The
Licensee has further stated that it will continue to engage in community
outreach measures in an effort to address community concerns. While these
measures are not included as restrictions on the Licensee’s beer and wine
permit, Licensee has stated that it will take the following actions:
a. Request
that the City of Columbia move the bus stop currently located in front
of the location.
b. Request
that the City of Columbia establish a police substation or mobile unit
on the property.
c. Pursue the
organization of a regional task force comprised of area businesses
and city officials to address community issues.
d. Encourage
the installation of public surveillance cameras in the local area.
e. Seek the creation of a hot line or
crime watch zone between law enforcement
officers, businesses, and the community to report suspicious activity.
f. Pursue collaborative efforts with
law enforcement, the City of Columbia, and
the community at large to address community problems.
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 the revocation proceeding. Further, these restrictions shall
apply to the renewal proceeding in the event that the renewal of the permit is
granted by the Court or to the extent the restrictions are not modified by the
Court after a hearing on the merits of the renewal. I further find the
agreement to be fair and equitable and will approve such agreement and HEREBY
ORDER its adoption.
As the
parties no longer require a hearing on the revocation proceeding, IT IS FURTHER
ORDERED that Docket No. 06-ALJ-17-0815 is resolved and dismissed with
prejudice based upon the agreed upon restrictions to the Licensee’s beer and
wine permit as stated herein.
AND IT IS SO
ORDERED.
______________________________
THE
HON. JOHN D. MCLEOD
Administrative
Law Judge
April 4, 2007
Columbia, South Carolina
WE SO AGREE:
______________________ _______________________
Lynn M. Baker, Esquire John
J. Pringle, Jr., Esquire
Counsel for the South Carolina Counsel for R.L.
Jordan Oil Co.
Department of Revenue of
North Carolina, d/b/a Hot Spot 6001
_______________, March 23, 2007 __________________, March 26, 2007
Columbia, South Carolina Columbia,
South Carolina
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