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. Southern Convenience Stores, Inc., d/b/a No. 126

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Southern Convenience Stores, Inc., d/b/a No. 126
 
DOCKET NUMBER:
03-ALJ-17-0076-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

James H. Harrison
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Southern Convenience Stores, Inc., located at 815 Albright Road, Rock Hill, 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.Southern Convenience Stores, Inc., d/b/a No. 126 (Southern), admits that on

October 17, 2002, it permitted a person under the age of twenty-one purchase beer

from its licensed location at 815 Albright Road, Rock Hill, South Carolina.

2.For this violation Southern agrees to serve a suspension of its beer and wine

permit for the location noted in “1” for a period of ten days. This suspension will

begin on Monday, May 12, 2003 and run continuously from day to day until the suspension has been served. Further, Southern agrees that it may not sell, lease,

sublease, or otherwise transfer this location prior to the completion of service of

this suspension.

3.Further, Southern agrees to remit a monetary fine in the amount of $2,500.00 to

the Department, no later than 5:00 p.m. on May 12, 2003.

4.Further, Southern agrees that prior to August 30, 2003, 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 Southern at this location prior to this violation, 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 a forty-five days suspension of the beer and wine permit as provided in the Department’s Final determination dated January 17, 2003.


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.




Ray N. Stevens

Administrative Law Judge


May 6, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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