South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. The Pantry Inc., d/b/a The Pantry #313

AGENCY:
South Carolina Department of Revenue,

PARTIES:
Petitioner:
South Carolina Department of Revenue,

Respondent:
The Pantry Inc., d/b/a The Pantry #313
 
DOCKET NUMBER:
00-ALJ-17-0135-CC

APPEARANCES:
MICHAEL K. KENDREE
COUNSEL FOR REGULATORY LITIGATION

WALTER B. TODD
COUNSEL FOR THE RESPONDENTS
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court based on the issuance of Administrative Violation and the South Carolina Department of Revenue's (Department) Final Determination to Respondent the Pantry citing a violation of 23 SC Code Ann. Resg 7-9(B) which occurred on or about May 25, 1999. Respondent appealed the Department's Determination seeking review of the violation charged and the penalties imposed. It appears the Department and the Respondent have resolved all issues in this case without the necessity of a hearing. Their resolution is incorporated in this Order.

1. The Respondent has consented to a ninety (90) day suspension of its beer and wine permit and has agreed to pay a penalty in the amount of Sixteen Hundred and 00/100 ($1600.00) Dollars. The ninety day suspension commences immediately, with the first date of suspension being the day of mailing, or surrender, of the beer and wine permit to the Department of Revenue. The monetary penalty is due September 22, 2000, which is ten (10) days from the date of the scheduled hearing in this matter. The Department, in turn, will not seek the revocation of the Respondent's permit.

2. The parties further agree that as it pertains to the above-captioned case, this consitutes the full and final resolution of this matter between the Department and the Respondent.

3. Accordingly, the Respondent has withdrawn its request for a contested case hearing.

I find the agreement between the Department and the Respondents to be fair and equitable, approve the agreement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce the terms of this Order. Therefore, in consideration of the foregoing, this case is dismissed.

AND IT IS SO ORDERED.



_____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



September 18, 2000

Columbia, South Carolina



WE SO CONSENT:



MICHAEL K. KENDREE

COUNSEL FOR REGULATORY LITIGATION



WALTER B. TODD

COUNSEL FOR THE RESPONDENTS


Brown Bldg.

 

 

 

 

 

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