ORDERS:
CONSENT ORDER
This
matter was initiated by the South Carolina Department of Revenue (Department)
by issuing a Department Determination to The Pantry, Inc., d/b/a Kangaroo
Express 3441, (Pantry) for a violation of 23 S.C. Code Ann. Regs. 7-200.4 (Supp.
2007) for “permitting the purchase of beer by a person under the age of
twenty-one” on February 1, 2008. Pantry holds a permit authorizing it to sell
beer and wine for off premises consumption at its licensed location, 2208 S.C.
Hwy. 773, Prosperity, South Carolina. The Department originally sought to
impose a 45 day suspension of Pantry’s beer and wine permit for this third
alcohol violation within a three year period.
Prior
to the contested case hearing of September 17, 2008 scheduled for this matter, the parties, as attested to by the parties’ undersigned signatures, have
indicated that the matter has been resolved as set forth below.
The
parties’ agreement is upon the following terms and conditions:
1. Pantry
admits that it knowingly violated Regulation 7-200.4. Specifically, for
permitting a 16 year old individual to purchase beer at its licensed location,
2208 S.C. Hwy. 773, Prosperity, South Carolina, on February 1, 2008.
2. For
this violation, Pantry agrees to surrender its permit on September 18, 2008 to begin the service of a suspension of such permit for a period of 21 days. Such
suspension will run continuously from day to day until completed. The permit
will be forwarded to the following Department employee to begin service of such
suspension.
Attn: Ms.
Wanda Grubbs
Office of
General Counsel for Litigation
South Carolina
Department of Revenue
PO Box 12265
Columbia, SC 29211
3. Based
on the procedures in place at this licensed location at the time of the
violation, the Department accepts the 21 day suspension as set forth above.
4. The
parties further agree that they freely and voluntarily entered into this agreement
and such constitutes the full and final resolution of the violation stated
herein.
I
find this agreement to be fair and equitable, approve such and hereby order its
adoption. This Court retains continuing jurisdiction to enforce this Order.
As Respondent no longer requires a hearing on this matter, I also CANCEL the hearing scheduled for September 17, 2008 at 10:00 a.m. Wherefore, this matter is RESOLVED WITH PREJUDICE.
IT
IS SO ORDERED.
September 17, 2008 ______________________________
The
Honorable Paige J. Gossett
Administrative
Law Judge
WE SO CONSENT:
For Carol I. McMahan , Esquire Baylen
T. Moore, Esquire
By Permission for
The Pantry, Inc., d/b/a
for South Carolina Kangaroo
Express 3441
Department of Revenue
September 17, 2008 September
17, 2008
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