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 on the following terms and conditions:
1. The
Pantry, Inc., d/b/a Kangaroo Express 3239 (Pantry) holds an off premises beer
and wine permit issued by the South Carolina Department of Revenue (Department)
for the location 136 E. Dekalb Street, Camden, South Carolina. On July 22,
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
November 7, 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, 136 E. Dekalb
Street, Camden, South Carolina on July 22, 2008.
3. For
this violation, the Pantry agrees to surrender its permit on February 23, 2009,
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
$2,500. The Pantry will forward this fine to the Department no later than 5:00
p.m. on March 4, 2009 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, $2,500 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 March 18, 2009. Wherefore, this matter
is Resolved
With Prejudice.
IT
IS SO ORDERED.
February 23, 2009 ______________________________
The
Honorable John D. McLeod
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 3239
___________________, 2009
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