ORDERS:
CONSENT ORDER
This matter was instituted by a violation, SLED violation #54-02-1672, written by the South Carolina Law Enforcement
Division ("SLED") against The Pantry, Inc. ("Respondent") on August 8, 2002. Respondent holds a off premise beer and
wine permit issued by the Department of Revenue under License Number 32015048-PBG for Pantry #797 located at 2213
Ashley Phosphate Rd. in North Charleston, South Carolina. The Respondent was charged with a violation under South
Carolina Code Ann. Section 61-4-580 and Regulation 7-9(B) for the sale of beer or wine to a person under the age of
twenty-one.
The violation was reported to the South Carolina Department of Revenue ("Department") which subsequently informed the
Respondent of its intent to seek a 45-day suspension of its beer and wine permit.The Respondent appealed the proposed fines and penalties. On October 18, 2002 the Department issued a Final Agency
Determination affirming the proposed 45-day suspension of the Respondent's beer and wine permit. The Respondent
appealed the Department's Final Agency Determination to the Administrative Law Judge Division and the matter was
assigned to Hon. C. Dukes Scott. Judge Scott set this matter for a hearing on January 10, 2003. Prior to this case being
heard, the Department and the Respondent reached a settlement and agreement to resolve this matter based on the
following terms and conditions:
1. The Respondent admits to having committed a violation of S.C. Code of Regulations Reg. 7-9(B) on August 8, 2002
and agrees to pay a fine of $2,500.00 and submit to the suspension of his beer and wine permit for a period of 10 days;
commencing on a date to be agreed upon by the parties within thirty (30) days of the signing of this Order.
2. In consideration for the Respondents agreement to pay and submit to the aforesaid fines and penalties, the Department
waives any remaining fines or additional penalties in this matter.
3. The parties agree that this agreement constitutes a final settlement and agreement between them of this violation and is
entered by the Department under the authority granted to it by S. C. Code Ann. Section 12-4-320(3) (Rev. 2001) and
Section 61-4-250 (Supp. 2001).
Having reviewed this Consent Order, and finding the terms and conditions set forth herein to be fair and equitable, I hereby
Order its adoption and dismiss the petition in this matter with prejudice.
IT IS SO ORDERED.
__________________________
Hon. C. Dukes Scott
Administrative Law Judge
January 30, 2003 |
