ORDERS:
Consent Order
The
South Carolina Department of Revenue (“Department”) initiated this matter by
issuing a finding that The Pantry Inc. d/b/a Mini Mart 3404 (“Pantry”), located
at 908 S. Duncan Bypass, Union, South Carolina, had violated 23 S.C. Code Ann.
Regulation 7-200.4 (Supp. 2005), by “permitting the purchase of beer by a
person under the age of twenty-one. . ..” Prior to a hearing in this matter,
the parties resolved the issues. That agreement is incorporated into this Consent
Order as set forth below:
1. The
Pantry admits that it permitted a person under the age of twenty-one to
purchase beer from its licensed location at the above address on Mach 21, 2006.
For this violation, Pantry agrees to remit a fine in the amount of $2,500.00 no
later than September 5, 2006 to the Department. Pantry also agrees to serve a
suspension of its beer and wine permit at this location for a period of ten
(10) days. Pantry will surrender its permit to the undersigned counsel for
Pantry, who will hold the permit until the suspension runs. Service of the
suspension will begin on Tuesday, September 5, 2006 and will run continuously
from day to day until the ten (10) day suspension has been served.
2.
In consideration of the above and based on the circumstances of this case as
well as the alcohol sales and training procedures that Pantry had in place at
this location at the time of the violation, the Department accepts the terms
herein in full satisfaction of Pantry’s violation at issue here. Further, the
parties freely and voluntarily entered into this agreement. 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.
_________________________________
The
Honorable John D. McLeod
Administrative
Law Judge
September 5, 2006
WE SO CONSENT:
__________________________________
Harry A. Hancock, Esquire
Counsel for Petitioner SCDOR
__________________________________
Baylen T. Moore, Esquire
Counsel for Respondent The
Pantry, Inc. |
