ORDERS:
CONSENT AGREEMENT
The South Carolina Department of Revenue (Department) initiated this matter by
issuing a finding that The Pantry Inc., d/b/a The Depot No. 3290, located at1460 W.P. Ezell
Blvd., Spartanburg, South Carolina, had violated 23 S.C.Code Ann. Regulation 7-9(B)(Supp.
2002), by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to a
hearing on this matter, the parties resolved the matter. That agreement is incorporated into this
consent order as set forth below.
1.The Pantry Inc. admits that on April 26, 2002, it permitted a person under the age
of twenty-one purchase beer from its licensed location at 1460 W. P. Ezell Blvd.,
Spartanburg, South Carolina.
2.For this violation The Pantry, Inc. agrees to serve a suspension of its beer and
wine permit for the location noted in “1” for a period of one-hundred and twenty-days. This suspension will begin on Monday, April 7, 2003 and run continuously
from day to day until the one-hundred and twenty day suspension has been
served. Further,The Pantry, Inc. agrees that it may not sell, lease, sublease, or
otherwise transfer this location prior to the completion of service of this
suspension.
3.Further, The Pantry, Inc., agrees to remit a monetary fine in the amount of
$1,000.00 to the Department, no later than 5:00 p.m. on April 11, 2003.
4.Further, The Pantry, Inc. agrees that prior to the completion of the one-hundred
and twenty day suspension; it will provide training to its employees at this
location, through the South Carolina Law Enforcement Division or other certified
training provided to retailers of alcoholic beverages, on how to prevent sales to
underage individuals.
5.In consideration of the above and based on the alcohol sales procedures put in
place by The Pantry at this location prior to the violation of April 26, 2002, the
Department accepts the suspension, fine and training in satisfaction of the
violation in this matter.
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. Failure to comply with the specific terms set forth herein will result in the imposition
of the original penalty of revocation of the beer and wine permit as provided in the Department’s
Final determination dated July 18, 2002.
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.
_______________________________
April 21, 2003Honorable Carolyn C. Matthews
Administrative Law Judge |
