ORDERS:
CONSENT ORDER
This
matter was initiated by the South Carolina Department of Revenue (Department)
upon its issuance of a Department Determination to Rew’s Run In, Inc., d/b/a Rew’s
Run In (Rew’s Run In) for a violation of 23 S.C. Code Ann. Regs. 7-200.4 (Supp.
2006) for permitting the purchase of beer by a person under 21 years of age on
the licensed premises on November 18, 2006.
A
contested case hearing is scheduled for December 13, 2007 at 10:00 a.m. before
the Administrative Law Court (ALC). The parties stipulate that the matter has
been resolved as set forth below.
The
parties’ agreement is upon the following terms and conditions:
1. Rew’s
Run In admits that it violated Regulation 7-200.4 by permitting the purchase of
beer by a person under 21 years of age on November 18, 2006 at its location on 1952
Clements Ferry Road in Charleston, South Carolina.
2. Further,
Rew’s Run In admits that this is its fourth such violation of Regulation 7-200.4
in the last three years with the first offense occurring on March 23, 2005.
3. The
parties aver that there is also pending at the ALC case number 07-ALJ-17-0439-CC
between these same parties. That matter constitutes the third violation of
this Regulation which occurred on September 26, 2006. The penalties specified
below shall apply to both cases and shall run simultaneously.
4. Rew’s
Run In agrees to serve a forty-five (45) day suspension for these violations
beginning on January 2, 2008 and continuing through February 15, 2008.
5. This
Agreement and Order constitutes a final resolution of the issues stated herein
between the parties.
6. The
parties further agree that they freely and voluntarily entered into this
Agreement and that such constitutes the full and final resolution of this
matter which is hereby resolved with prejudice.
I
find this Agreement to be fair and equitable and hereby approve such
Agreement. This Court retains continuing jurisdiction to enforce the provisions
of this Order. Since the parties no longer require a hearing in this matter, I
order this matter Resolved with Prejudice.
IT
IS SO ORDERED.
October 18, 2007 _____________________________
Honorable
John D. Geathers
Administrative
Law Judge
WE SO CONSENT:
_______________________ _____________________________
Amelia Furr Ruple, Esquire Kenneth
E. Allen, Esquire
South Carolina Department of
Revenue for Rew’s Run In, Inc., d/b/a Rew’s
Run In
________________,
2007 _________________, 2007
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