South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. The Mountain of SC, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
The Mountain of SC, Inc.
 
DOCKET NUMBER:
04-ALJ-17-0363-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Joseph G. Armstrong
Attorney for The Mountain of SC Inc.
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a Final Department Determination that The Mountain of SC Inc. (“The Mountain”) located at 200 D. North Pleasantburg Drive, Greenville, South Carolina, had violated 23 S.C. Code Ann. Regulation 7-401.4(J) (Supp. 2004), by “permitting the consumption of liquor by a nonmember.” Prior to the hearing scheduled in this matter on Thursday, March 24, 2005, the parties resolved the matter. That resolution is incorporated into this consent order as set forth below.

1.The Mountain holds a private club sales and consumption license and beer and wine permit that authorizes it to sell alcohol for on-premises consumption at the location, 200 D. N. Pleasantburg Drive, Greenville, South Carolina. The Mountain admits that on April 30, 2004, it permitted the consumption of liquor by a nonmember in violation of Regulation 7-401.4(J) at this location.

2.For this violation The Mountain agrees that on May 1, 2005, it will surrender, to the Department, its beer and wine permit and private club sales and consumption license in revocation.

3.Further, The Mountain agrees to remit a monetary fine in the amount of $500.00 to the Department, no later than 5:00 p.m. on May 2, 2005.

4.In consideration of the above, the Department accepts the revocation and fine in satisfaction of the violation in this matter.

The parties freely and voluntarily entered into this agreement. Further, the parties agree that this constitutes the full and final resolution of this violation and such is resolved with prejudice.

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 Order. As Respondent no longer requires a hearing on this matter, I also Order this matter Resolved With Prejudice.AND IT IS SO ORDERED.

_______________________________

April 5, 2005 Honorable Ray N. Stevens

Administrative Law Judge


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