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:
Causeway Enterprises, Inc., d/b/a Causeway Grill & Raw Bar vs. DOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
Causeway Enterprises, Inc., d/b/a Causeway Grill & Raw Bar
211 & 213 Atlantic Avenue, Garden City, South Carolina

Respondent:
South Carolina Department of Revenue

Intervenor:
Seawatch Inn at the Landing Homeowners’ Association
 
DOCKET NUMBER:
03-ALJ-17-0005-CC

APPEARANCES:
Kenneth E. Allen, Attorney for the Petitioner

Carol McMahan, Attorney for South Carolina Department of Revenue

Eugene C. Fulton, Jr., Attorney for Seawatch Inn at the Landing Homeowners’ Association
 

ORDERS:

CONSENT ORDER

This matter was heard by this tribunal on Thursday, April 10, 2003. Present were Kenneth E. Allen, Attorney for the Petitioner, Carol McMahan, Attorney for the South Carolina Department of Revenue, and Eugene C. Fulton, Jr., Attorney for Seawatch Inn at the Landing Homeowners’ Association.

During the hearing, the parties advised the court that they had resolved their differences and had agreed to enter into this Consent Order, the provisions of which were entered into the record.

Therefore, it is

ORDERED, ADJUDGED AND DECREED that the Department of Revenue continue with the processing of Petitioner’s pending application for licenses in this matter and that said licenses be issued when the following conditions have been met:

1.Petitioner’s location has received a final inspection from SLED and SLED confirms that it complies with the restaurant provisions of Title 61 and the regulations thereunder;

2.Petitioner has entered into a binding stipulation agreement with the Department to include the following provisions, as restrictions on its permit and license:

a.Live music may be performed at the location not more than once each week. Such performances shall cease at or before 12:15 a.m.

b.Management will not permit loitering outside near the location during the hours of operation by its customers or staff. Management will make every effort to ensure that the location will not create a nuisance due to noise or any other factor. At no time will the patio area in the rear be used by customers or staff.

c.The location will cease operation and the front door will be locked not later than 1:00 a.m., and the location will not reopen until the following morning.

d.The storage buildings located in the alley will be removed within 30 days after the licenses are issued, and should additional parking to the rear of the building become available in the future, it will be designated “employees only.”

AND IT IS SO ORDERED.


April 22, 2003 s/John D. Geathers

DateJohn D. Geathers, Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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