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. Speedway SuperAmerica, LLC, d/b/a Speedway Starvin’ Marvin #208

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Speedway SuperAmerica, LLC, d/b/a Speedway Starvin’ Marvin #208
 
DOCKET NUMBER:
03-ALJ-17-0203-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Edwin Givens
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Speedway SuperAmerica, LLC, located at 1628 Remount Road, N. Charleston, 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.” On that same date, Speedway also violated 23 S.C. Code Ann. Regulation R7-79 (Supp 2003) by failing to post its permit. 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. Speedway admits that it permitted a person under the age of twenty-one to purchase beer from its licensed location at the above location on November 25, 2002. Speedway also admits that it failed to post its permit.

2.For these violations Speedway agrees to remit a fine in the amount of $2500.00 no later than July 7, 2003. Speedway further agrees not to apply for or obtain another alcohol permit at this location either as the permittee or a principal, shareholder or partner of the permittee for a two year period beginning July 7, 2003.

3.In consideration of the above and based on the fact that Speedway has sold the location at issue as well as other licensed locations, to another entity, the Department accepts the terms herein in full satisfaction of the violations at issue.

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.

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.


___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge


July 14, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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