ORDERS:
CONSENT AGREEMENT
COME
NOW, the South Carolina Department of Revenue (“Department”) and The Silver
Dollar, Inc., d/b/a Silver Dollar Saloon, (“Respondent”) and resolves the
above-captioned contested case as attested to by their undersigned signatures
on the terms and conditions as set forth below.
1. The
Department initiated this matter by issuing a Department Determination to The
Silver Dollar Inc., d/b/a Silver Dollar Saloon, for a violation of 23 S.C. Code
Ann. Regs. 7-401.4(J) (Supp. 2006) for permitting the consumption of liquor by
a non-member on September 6, 2007. For this
violation, the Department is seeking revocation of Respondent’s on premises
beer and wine permit and liquor by the drink license for the location, 1037
Camden Avenue, Rock Hill, South Carolina (“licensed premises”).
2.
The Respondent admits to the violation on September 6, 2007 of Regulation
7-401.4(J) specifically for permitting the consumption of liquor by a non-member.
3.
For this violation, the Respondent agrees to the service of a suspension of its
permit and license for a period of 60 days. Such suspension will begin at
12:01 a.m. on June 21, 2008 and run continuously from day to day for a period
of 60 days, ending at midnight on August 19, 2008. Further, the Respondent
agrees to remit a check to the Department in the amount of $1,000.00 no later
than 5:00 p.m. on June 21, 2008. The permit, license, and check will be
hand-delivered to the Department at 301 Gervais St., Columbia, South Carolina,
or mailed to the Office of General Counsel for Litigation, PO Box 12265,
Columbia, SC 29211, in a timely manner as set forth herein.
4.
Respondent further agrees to prohibit the consumption of liquor by non-members
in the future. However, in order to avoid the problems it has faced in the
past with regard to preventing the consumption of liquor by non-members, it
plans to seek alcoholic licensure as a foodservice establishment at the
completion of the suspension of its license and permit as set forth herein. .
5.
The Department agrees to accept the 60 day suspension of the license and permit
and payment of the fine of $1,000.00 in satisfaction of this violation.
6.
The Respondent understands and agrees that this Agreement does not affect or
resolve any additional pending or future violations of Titles 12 or 61, South
Carolina Code of Laws, or the regulations thereunder, not specifically referred
to in this Agreement or any other provisions, responsibilities, or liabilities
which Respondent has under South Carolina law.
7.
This Agreement constitutes a final resolution of the issues stated herein
between the parties.
8.
The parties further agree that they freely and voluntarily entered into this
Agreement and such constitutes the full and final resolution of this matter.
I
find this Agreement to be fair and equitable, approve such Agreement and hereby
order its adoption. This Court retains continuing jurisdiction to enforce this
Agreement. As The Silver Dollar, Inc., no longer requires a contested case
hearing on this matter, I also Order this matter RESOLVED WITH PREJUDICE
IT IS SO ORDERED.
________________, 2008
The
Honorable Ralph King Anderson III
Administrative
Law Judge
WE SO CONSENT:
_______________________ ______________________
Carol I. McMahan, Esq. James
M. Griffin, Esq.
South Carolina Department Attorney
for The Silver Dollar
of Revenue Inc.
_________________, 2008 _________________,
2008
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