South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. R.L. Jordan Oil Co. of North Carolina, d/b/a Hot Spot

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
R.L. Jordan Oil Co. of North Carolina, d/b/a Hot Spot
 
DOCKET NUMBER:
06-ALJ-17-0815-CC

APPEARANCES:
n/a
 

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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