ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue (Department) initiated this matter by issuing a Final Agency Determination finding that the Corner Pocket Tavern LLC, d/b/a Corner Pocket Tavern, located at 21 E. Coffee Street, Greenville, SC, violated 23 S.C. Code Ann. Regulation 7-200.4 (Supp. 2003), by “permitting the purchase of beer by a person under the age of twenty-one”. At the time of this violation, the Respondent was licensed to sell beer and wine under permit number 32029261-PBW and to sell alcoholic liquors in minibottles under license number 32029261-PSB. Prior to a hearing on this matter, the parties reached a settlement in resolution of the violation. The provisions of the agreement are incorporated in the order and are as set forth below:
1. The Corner Pocket Tavern LLC, d/b/a Corner Pocket Tavern was cited for a violation of Regulation 7-200.4 at its licensed location at the above address on January 13, 2005. This violation constitutes the third such violation against the Licensee in the past three years for the transfer of beer to a person under 21 years of age. The Licensee originally contested this violation but has now withdrawn the contest to this violation in the light of the sale of the business to a legitimate third party and in settlement of this violation. In resolution of this third offense, the Licensee has surrendered the minibottle license and beer/wine permit to the Department pursuant to the sale of the business and the Licensee further agrees that the Corner Pocket LLC and/or its member(s) will not apply to the Department for a beer and wine permit or alcoholic liquors license for a period of 2 years from the date this order is signed by the Court.
2. In lieu of the 45 day suspension originally sought by the Department, the Department accepts in settlement of this violation the return of the license and permit to the Department pursuant to the legitimate sale of the business and an agreement with the Licensee that the Corner Pocket Tavern LLC and/or its member(s) will not apply to the Department for a beer and wine permit or alcoholic liquors license for a period of 2 years from the date this order is signed by the Court. Based on the foregoing, the Department accepts the above 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 is resolved with prejudice.
I find the 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.
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The Honorable Ray N. Stevens
Administrative Law Judge
October 24, 2005
Columbia, South Carolina |
