ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue (Department) initiated this matter by issuing
a Final Agency Determination finding that the Yosoy Club, d/b/a Salsatheque located at 723
Congaree Road, Greenville, SC violated 23 S.C. Code Ann. Regulation 7-401.4(J) (Supp. 2003),
by “allowing the consumption of alcoholic liquor by a non-member on the licensed premises.”
Prior to a hearing on this matter, the parties reached a settlement in resolution of the violation.
The parties agree that this order shall include the resolution of the contested case hearing
on the regulatory violation pending before the Administrative Law Court. The provisions of the
agreement are incorporated in this Order and are as set forth below:
1.The Yosoy Club, d/b/a Salsatheque admits that it violated Regulation 7-401.4(J)
at its licensed location at the above address on October 30, 2004. This violation
constitutes the third violation for this same offense against the Licensee in the
past three years.
2.For this third violation, the Yosoy Club agrees to voluntarily surrender its beer
and wine permit (32031464-PBW) and minibottle license (32031464-PSC) to the
Department on June 13, 2005 and remit a fine to the Department in the amount of
five hundred dollars ($500.00) no later than June 13, 2005. The Licensee further
agrees that no application in which the Licensee, Mr. or Mrs. Rueben Montalvo,
any corporate officers or directors, or any entity with which the Montalvos are
involved will be filed with the Department for any licenses involving the sale of
beer and wine or liquor at this location for a period of at least ninety (90) [sic]
subsequent to the surrender of the licenses. If the Licensee should receive another
regulatory violation for this offense before surrender of the licenses, the
Department will seek permanent revocation of the licenses regardless of the
voluntary surrender of the licenses on June 13, 2005.
3.In consideration of the above and the factors of mitigation provided by the
Licensee, the Department accepts the voluntary surrender of the licenses, the
payment of the fine, and the ninety (90) day waiting period in lieu of revocation
and in full satisfaction of the above referenced violation. Further, the parties
freely and voluntarily entered into this agreement and understand that this
constitutes the full and final resolution of this violation and such are resolved with
prejudice.
I find this agreement to be fair and equitable and will approve such agreement and hereby
Order its adoption. As Respondent no longer requires a hearing on this matter, I also order this
matter resolved with prejudice.
AND IT IS SO ORDERED.
______________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
Post Office Box 11667
Columbia, SC 29211
May 22, 2005
Columbia, South Carolina |
