ORDERS:
ORDER TO VACATE
This
matter is before the Court pursuant to the Petitioner's Request for a Contested
Case Hearing. The Petitioner is appealing the Final Determination by the Respondent,
the South Carolina Department of Revenue, wherein the Department denied the
Petitioner’s Application for an Off-premise Beer and Wine Permit. The parties
previously appeared before this Court on the Respondent’s Motion for Summary
Judgment or in the Alternative Motion to Dismiss, wherein the Respondent raised
the issue of the parties having been previously before this Court for an
identical application at the same location. [See Final Order and Decision,
dated July 26, 2004, Hon. John D. Geathers.] On December 2, 2005, this Court
issued its Order Denying Motion for Summary Judgment. The matter is now
pending before this Court, to be heard on the merits, on January 19, 2006.
Prior
to the call of the case before this Court the parties through their respective
counsel have indicated to the Court that the issues attendant to this case have
been resolved by the parties, and further seek approval by this Court of their
agreement and dismissal of this matter now pending before the Court.
The
parties agreement is upon the following terms and conditions:
1.
The Petitioner agrees to amend its application to the extent that it will not
sell any beer or wine that is chilled or cold.
2.
Petitioner agrees to install video recording equipment, upon request by the
City of Anderson Police Department, to monitor both the inside and the outside
of the Petitioner’s business to assist law enforcement to provide both police
protection to its business and to monitor the activities of this location.
Petitioner agrees that in the event such equipment is requested and installed,
then in such event the Petitioner further agrees to maintain a one-week’s worth
of video recordings for purpose of review by police authorities.
3.
Both parties are desirous of avoiding protracted litigation and are therefore
requesting that the Court vacate the Order Denying Motion for Summary Judgment
dated December 2, 2005, previously issued by this Court.
4.
Respondent, based upon the foregoing representations, agrees to issue the
Off-premise Beer and Wine Permit, subject to the Restrictions and Stipulations
provided for herein.
5.
The Petitioner understands and agrees that this settlement does not affect or
resolve any pending or future violations of the Alcohol Beverage Control Act not
specifically referred to in this Order or any other provisions,
responsibilities, or liabilities which the Petitioner has under South Carolina
law.
6.
The Petitioner understands and agrees that noncompliance with these terms can
be used as a basis for an administrative violation and that, if the terms of
this agreement are violated, the Department of Revenue has the authority to
suspend or revoke the Petitioner’s permit and/or levy a monetary penalty.
7. The Petitioner understands and agrees that this agreement
shall be posted with the permit and license.
8.
This Agreement and Order constitutes a final resolution of the issues stated
herein between the parties.
WHEREFORE,
A. Having reviewed
this agreement and the terms thereof, I hereby approve, adopt, and merge same
as an Order of this Court; and
B. I hereby
remand this matter to the Respondent, the South Carolina Department of Revenue;
and
C. I hereby vacate
the terms and provisions of this Court’s prior Order Denying Motion for Summary
Judgment, dated December 2, 2005, in their entirety; and
D. I hereby dismiss
this matter with prejudice.
IT IS SO ORDERED
__________________________
Hon. John D. McLeod
Administrative Law Judge
January 12, 2006 |
