ORDERS:
ORDER OF SUSPENSION
This matter is before the Administrative Law Court (“ALC” or “Court”) pursuant to a request for a contested case hearing filed by John Wayland Carter, d/b/a Tobacco Shop (“Respondent”). Mr. Wayland challenges the South Carolina Department of Revenue’s (“Department”) Final Determination (“Determination”) revoking his on-premises beer and wine permit (PBW-3202337SC).
On July 26, 2006, Joe Peeples and Tina Bailey, agents with the South Carolina Law Enforcement Division, conducted a routine investigation of Respondent’s business located at 1603 Hampton Street, Walterboro, Colleton County, South Carolina. During the investigation, the agents sent an underaged confidential informant (“UCI”) into the permitted location. The UCI purchased one 24-ounce can of “Bud Lite” beer from Respondent’s employee. The clerk was issued a criminal violation for the transfer of beer to a minor, and Respondent was cited for a violation of S.C. Code Ann. Regs. § 7.200.4. Subsequently, the Department issued the Determination affirming the violation and assessed a revocation of the Respondent’s permit.
At the call of this case on July 10, 2007, the parties announced to the court that they had reached an agreement concerning the violation and wished to place it on the record. As part of that agreement, Respondent admitted that a sale of and transfer of beer had been made by his employee to the UCI on July 26, 2006. Further, both parties agreed that Respondent’s beer and wine permit would be suspended for thirty (30) days beer, to begin on July 15, 2007 and continue until August 15, 2007. Also, they agreed that Respondent’s attorney would hand deliver the permit to Petitioner’s counsel not later than 10:00 a.m. on July 16, 2007. Further, they agreed that the permit would be returned to Respondent’s counsel at the offices of the Department by 10:00 a.m. on August 15, 2007.
The Court approves the agreement, finding it to be fair and reasonable. Further, upon motion of either party, the Court retains authority to enforce the provisions of this settlement agreement, if necessary.
AND IT IS SO ORDERED, ADJUDGED AND DECREED.
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Hon. Marvin F. Kittrell
Chief Judge
South Carolina Administrative Law Court.
This 13th day of July, 2007.
It is noted that an on-premises beer and wine permit allows the holder to sell for off- premises consumption as well.
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