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 |