ORDERS:
CONSENT ORDER OF REVOCATION
The South Carolina Department of
Revenue (Department) initiated this matter by issuing a Department
Determination finding that the Market Street Saloon, LLC, d/b/a Market Street
Saloon, located at 32-D N. Market Street, Charleston, SC, violated S.C. Code
Ann. § 61-6-1610 (Supp. 2006) and S.C. Code Ann. Regs 7-401.3 (Supp. 2006), by failing
to maintain restaurant requirements. At the time of this violation, the
Respondent was licensed to sell beer and wine under permit number 32036351-PBW
and to sell alcoholic liquors under a business liquor by the drink license,
32036351-PLB. Prior to a hearing on this matter, the parties reached a
settlement in resolution of the violation. The provisions of the agreement are
incorporated in the order and are as set forth below:
1. The
Respondent and its principals, Doug Hodges, Robert “Bud” Roberts and Chris
Roberts, consent to the revocation of the beer and wine permit (32036351-PBW)
and liquor by the drink license (32036351-PLC) at the location doing business
as Market Street Saloon located at 32-D N. Market Street, Charleston, South
Carolina.
2. The
Respondent and its principals have vacated the premises at 32-D N. Market
Street, Charleston, South Carolina. The Respondent and its principals have
been barred from entry to the location at 32-D Market Street, Charleston, South
Carolina, and have been unable to enter the premises to retrieve the license
and permit. The Respondent and its principals state that the license and
permit have been abandoned and should be cancelled by the Department.
3. Further,
Respondent and its principals, as individuals, or as a member, principal,
officer, financial backer or silent partner of any trust, estate, partnership,
limited liability company, receiver, association, company, corporation, or any
other group will not seek to open another private club, restaurant, bar, retail
shop or establishment involving beer, wine or liquor at this location.
4. Additionally,
the Respondent’s principals, as individuals, or as a member, principal,
officer, financial backer or silent partner of any trust, estate, partnership,
limited liability company, receiver, association, company, corporation, or any
other group, agree that they will not apply to the South Carolina Department of
Revenue, as the State licensing agency, for a beer and wine permit or liquor by
the drink license at any location for one year from the date this Order is
signed by the Court.
5. The
Respondent, Market Street Saloon, LLC agrees that it will not apply to the
South Carolina Department of Revenue, as the State licensing agency, for a beer
and wine permit for two years from the date this Order is signed by the Court,
and/or a liquor by the drink license for five years from the date this Order is
signed by the Court.
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 this matter. I further find the agreement to be fair and
equitable and approve such agreement and hereby order its adoption. As
Respondent no longer requires a hearing on this matter, I also order this matter
resolved with prejudice, and cancel the hearing scheduled for March 13, 2008.
AND IT IS SO ORDERED.
___________________________
The
Honorable John D. Geathers
Administrative
Law Judge
February 25, 2008
Columbia, SC
WE CONSENT:
______________________ ____________________________
Amelia Furr Ruple Kenneth
E. Allen
Attorney for South Carolina Attorney
for Market Street Saloon, LLC
Department of Revenue d/b/a
Market Street Saloon
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