ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue (Department) initiated this matter in issuing a
final agency determination finding that The Pantry, Inc., d/b/a Kangaroo Express 301, located at
Highway 707 and Highway 17 Bypass, Murrells Inlet, SC, had violated 23 S.C. Code Ann.
Regulation 7-200.3 (Supp. 2003) by failing to properly post the beer and wine permit and had
violated S.C. Code Ann. Section 61-4-230 by delaying an alcohol inspection. The Kangaroo Express
301 operates under beer and wine permit number 32014996-P7B. Subsequent to the issuance of the
agency’s final determination and the licensee’s request for a contested case hearing, the parties
reached a settlement in resolution of the issues. The provisions of the agreement are incorporated
in this Order and are as set forth below:
1.Kangaroo Express 301 admits that it violated Regulation 7-200.3 and section 61-4-230 at its licensed location at the above address on February 11, 2004. These
violations will be counted together as a second offense for purposes of the
Department’s guidelines for assessing penalties should the licensee receive a third
violation in the three year period. For this second violation in three years, The Pantry
d/b/a Kangaroo Express 301 agrees to remit a fine in the amount of two hundred fifty
dollars ($250.00) no later than Friday, November 12, 2004 to the Department.
Kangaroo Express 301 also agrees to participate in an alcohol training program
approved by the Department pursuant to S.C. Information Letter 04-13. Participation
in this training program will include the district manager, store manager, and store
clerks employed at the Kangaroo Express 301 location. The training is to take place
within ninety (90) days of the date of this order or as soon thereafter as is practicable.
Upon completion of the recognized training program, the licensee shall provide
evidence of such successful completion to the Department.
2.In consideration of the foregoing, the Department accepts the above provisions in full
satisfaction of these violations. This agreement encompasses only the violations
occurring on February 11, 2004, and does not purport to include any alleged prior
violations or any subsequent violations that may occur. Further, the parties freely and
voluntarily entered into this agreement. The parties agree that this constitutes the full
and final resolution of these violations and such is resolved with prejudice.
I find the agreement to be fair and equitable and will approve such agreement and hereby
order its adoption. The Administrative Law Court retains continuing jurisdiction to enforce this
Order. As Respondent no longer requires a hearing on this matter, I also order this matter resolved
with prejudice.
AND IT IS SO ORDERED.
__________________________________
The Honorable Marvin F. Kittrell
Chief Administrative Law Judge
October 27, 2004
Columbia, South Carolina |
