ORDERS:
CONSENT ORDER
COME
NOW, the parties in the above captioned contested case and request that the
Administrative Law Court (Court) approve the proposed consent agreement of the
parties as set forth below.
The
parties, as attested to by the parties’ undersigned signatures, have indicated
that the matter has been resolved as set forth below, on the following terms
and conditions:
1. The
Pantry, Inc., d/b/a Kangaroo Express 3229 (Pantry) holds an off premises beer
and wine permit issued by the South Carolina Department of Revenue (Department)
for the location 3741 Hwy. 17 Bypass, Murrells Inlet, South Carolina. On April
17, 2008, the South Carolina Law Enforcement Division (SLED) issued the Pantry
a violation for permitting the purchase of beer by a person under the age of
21, a violation of 23 S.C. Code Ann. Regs. 7-200.4 (Supp. 2007). This is the
Pantry’s third underage alcohol violation at this location within a three year
period. The Department issued a Department Determination to the Pantry on
September 11, 2008 sustaining the violation and seeking to impose a 45 day
suspension of the Pantry’s permit at this location.
2. The
Pantry admits that it knowingly violated Regulation 7-200.4 specifically by
permitting a 19 year old to purchase beer at its licensed location, 3741 Hwy 17
Bypass, Murrells Inlet, South Carolina on April 17, 2008.
3. For
this violation, the Pantry agrees to surrender its permit on ,
to begin the service of a suspension of such permit for a period of 10 days.
Such suspension will run continuously from day to day until completed.
4.
The Pantry further agrees to remit a fine to the Department in the amount of
$1000. The Pantry will forward this fine to the Department no later than 5:00
p.m. on ______________, to:
Attn: Ms.
Wanda Grubbs
Office of
General Counsel for Litigation
South Carolina
Department of Revenue
PO Box 12265
Columbia, SC 29211
5. Further
the Pantry agrees to re-train all employees employed by the Pantry at this
location within six months of the execution of this Agreement. The training
is entitled “Remedial Training,” and such training will be given to all
employees employed at locations that sell beer or wine to underage individuals
in violation of Regulation 7-200.4. The training consists of a booklet
containing the Pantry’s policy with regard to alcohol sales, sample questions,
and recitation of the law with regard to such sales. The training is conducted
by management and is given to each employee at the offending location. At the
conclusion of the training, the employee is required to take a test on the
material. The employee must successfully answer the questions posed. The
Pantry agrees to provide to the Department within six months of the filing of
this Order, a list of the employees trained, date of training and testing, and
the employees’ test results.
6. Based
on the foregoing provisions and other procedures in place at this licensed
location at the time of the violation, the Department accepts the 10 day
suspension, $1000 fine, and additional training as set forth above, in
satisfaction of this violation.
7. 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. As Respondent no longer requires a hearing on this matter, I
also cancel the hearing scheduled for January 26, 2009 at 2:00 p.m.
Wherefore, this matter is Resolved
With Prejudice.
IT
IS SO ORDERED.
January 29, 2009 ______________________________
The
Honorable Carolyn C. Matthews
Administrative
Law Judge
WE SO CONSENT:
Carol I. McMahan, Esq. Baylen
T. Moore, Esquire
for South Carolina for
The Pantry, Inc., d/b/a Kangaroo Express
Department of Revenue 3229
___________________, 2009 _
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