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:
DOR vs. CB Mart, Inc., d/b/a Hickory Point

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
CB Mart, Inc., d/b/a Hickory Point
 
DOCKET NUMBER:
02-ALJ-17-0489-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a Final determination that CB Mart, Inc., d/b/a Hickory Point, had violated 23 S.C. Code Ann. Regulation 7-9B (Supp. 2001), on August 24, 2002, by "permitting the purchase of beer by an individual under the age of twenty-one." On Wednesday, January 8, 2003, at the hearing on this matter, the parties entered into a consent order on the record.

That consent agreement is incorporated into this Order as follows:

1. CB Mart, Inc., d/b/a Hickory Point (CB), the permittee, admits that on August 24, 2002, at its licensed location, 826 Old Greenville Highway, Clemson South Carolina, it permitted a sixteen year old to purchase beer in violation of Regulation 7-9B.

2. For this violation, CB agrees to remit a fine in the amount of $2,500.00 to the Department no later than 5:00 p.m. on January 21, 2003. It further agrees to a suspension of its beer and wine permit for a period of ten days. This suspension will begin on Monday, January 20, 2003, and run continuously for a period of ten days. A SLED agent will pick up the permit to begin service of the suspension on that date.

3. CB further agrees to contact Mr. John Kirkland of SLED, and schedule four quarterly alcohol training sessions for its employees at the Clemson location.

4. In consideration of the above, the Department agrees to waive the remaining penalty sought for this violation.

The parties freely and voluntarily entered into this agreement. Further, 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. 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.

_______________________________

January 13, 2003 Honorable C. Dukes Scott

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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