ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue (Department) initiated this matter by issuing a Final Agency Determination finding that James Island Sports Group, LLC, d/b/a Skippers, 1175 Folly Road, Charleston, SC, violated 23 S.C. Code Ann. Regulation 7-200.4 (Supp. 2003) by permitting the purchase of beer by a person under 21 years of age on the licensed premises. James Island Sports Group, LLC, d/b/a Skippers holds a minibottle license under license number 32026186-PSB and an on premises consumption beer and wine permit under permit number 32026186-PBW. Prior to the hearing scheduled for Monday, June 27, 2005, the parties reached a resolution of this matter. The provisions of the agreement are incorporated in this Order as set forth below:
1. James Island Sports Group, LLC, d/b/a Skippers (hereinafter “Skippers”) admits that it violated Regulation 7-200.4 by permitting the purchase of beer by a person under twenty-one at its above licensed location on January 6, 2005.
2. For this violation, Skippers agrees to serve a twenty-six (26) day suspension of its beer and wine permit and minibottle license. This suspension shall begin on Wednesday, July 6, 2005, and run continuously from day to day through Sunday, July 31, 2005, until the suspension has been served.
3. Further, Skippers agrees to pay a fine in the amount of two thousand five hundred dollars ($2500) to the Department before the end of the suspension period.
4. Skippers also agrees to participate in Training for Intervention Procedures (“TIPS”), an alcohol training program, approved by the Department. Participation in this training program shall include all management, wait staff and bartenders to be employed at Skippers on July 31, 2005 or thereafter. Certificates of proof that TIPS training has been completed shall be provided to the Department within 90 days of the date of this Order.
5. In consideration of the foregoing and the hazards of litigation in this particular case, the Department accepts the above provisions in full satisfaction of the pending violation. This agreement encompasses only the violation occurring on January 6, 2005 and does not purport to include any alleged prior violations or any subsequent violations that may occur.
The parties freely and voluntarily entered into this agreement and agree that this Order constitutes the full and final resolution of this violation. Failure to comply with the specific terms set forth herein will result in the imposition of the original penalty as set forth in the Department’s Final Determination dated April 26, 2005. I find the agreement to be fair and equitable and will 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.
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The Honorable John D. McLeod
Administrative Law Judge
July 5, 2005
Columbia, South Carolina |
