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. The Pantry Inc., d/b/a The Pantry #3283

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
The Pantry Inc., d/b/a The Pantry #3283
 
DOCKET NUMBER:
03-ALJ-17-0085-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Baylen T. Moore
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that The Pantry Inc., d/b/a The Pantry #3283 (Pantry), located at 2008 Anderson Road, Greenville, 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 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 purchase beer from its licensed location at the above location on October 31, 2002. For this violation, Pantry agrees to remit a fine in the amount of $1500.00 no later than July 10, 2003, to the Department. Pantry also agrees to serve a suspension of it beer and wine permit at this location for a period of fifteen days. Pantry will surrender its permit to the Department to being service of the suspension on July 16, 2003. The suspension will run consecutively from day to day until a period of fifteen days has been served.

2.In consideration of the above and based on 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 Marvin F. Kittrell

Chief Administrative Law Judge


July 11, 2003.


Brown Bldg.

 

 

 

 

 

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