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. Piedmont Convenience, Inc., d/b/a Piedmont Convenience Store #2

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Piedmont Convenience, Inc., d/b/a Piedmont Convenience Store #2
 
DOCKET NUMBER:
05-ALJ-17-0109-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Steve Balltrip, President
Piedmont Convenience, Inc.
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Piedmont Convenience, Inc. (Piedmont), located at 1706 Boiling Springs Road, Boiling Springs, South Carolina, had violated 23 S.C. Code Ann. Regs. 7-200.4 (Supp. 2004) by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to a hearing, Piedmont Convenience, Inc., admitted the violation as set forth below:

1. Piedmont admits that it violated Regulation 7-200.4 at its licensed location at the above-referenced address, on October 18, 2004. For this violation, Piedmont agrees to the forty-five-day suspension. Such suspension shall begin on October 22, 2005, and run continuously for forty-five days.

2. Piedmont further agrees that, although it has sold this location to an unrelated third party and Piedmont no longer holds a beer and wine permit at this location, during the forty-five-day suspension, it will be prohibited from purchasing any other alcohol permits in the State of South Carolina as provided by S.C. Code Ann. § 61-2-140(E) (Supp. 2004). Also, no person within the relationship as provided by S.C. Code Ann. § 61-2-140(D) (Supp. 2004) to Piedmont may purchase a beer and wine permit for the location at issue here, within one year from the date of this suspension.

3. As there remains no matter at issue, the Department accepts the above in satisfaction of Piedmont’s third violation (within a three-year period) at this location.

Further, the parties freely and voluntarily entered into this agreement. 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. I also ORDER this matter RESOLVED WITH PREJUDICE.

AND IT IS SO ORDERED.

 

______________________________

JOHN D. GEATHERS

Administrative Law Judge

1205 Pendleton Street, Suite 224

Columbia, South Carolina 29201-3731

 

October 26, 2005

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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