ORDERS:
CONSENT ORDER OF DISMISSAL
This
matter comes before the South Carolina Administrative Law Court (“ALC”)
pursuant to the South Carolina Law Enforcement Division’s (“SLED”) issuance of
a citation to the Hutson Alley Partners, LLC (“the Licensee”) for violating
S.C. Code Ann. Section 61-4-160 (Supp. 2006) on May 18, 2006 by selling a beer
for less than one-half price and at a reduced rate during hours other than 4:00
p.m. to 8:00 p.m. The South Carolina Department of Revenue (“Department”)
issued its Department Determination on October 13, 2006, finding that the
Licensee indeed violated Section 61-4-160 on May 18, 2006, and that as a second
violation of the beer and wine provisions of Title 61 of the S.C. Code of Laws
in a three year period, a monetary penalty in the amount of $1,000.00 is
appropriate under the authority granted the Department in S.C. Code Ann.
Section 61-4-250 (Supp. 2006), which provides that a monetary penalty may be
imposed for such violations. The Licensee appealed this Determination to the
ALC by requesting a contested case hearing on the matter.
The
parties have now reached an agreement resolving this matter as follows:
1. The Licensee admits to violating Section 61-4-160 on May 18, 2006 by
selling a beer for less than on half price regularly charged, and at a reduced
rate, during hours other than 4:00 p.m. to 8:00 p.m., with such regularly
charged price having been established as $4.00 on May 17 and May 19, 2006.
2. The Licensee will pay a $500.00 fine, and will not return to the
practice of selling Corona beers for one dollar all night on Thursdays.
3. The violation of Section 61-4-160 on May 18, 2006 will not count for
enhanced penalty purposes under SC Rev. Proc. #04-04.
Having
reviewed this agreement in settlement and compromise as set forth, I hereby
order its adoption and dismiss the Petition in this matter with prejudice.
IT
IS SO ORDERED.
__________________________________
JOHN D. MCLEOD
Administrative
Law Judge
April 5, 2007
Columbia, South Carolina
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