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. Palmetto Oil of Charleston, II, LLC

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Palmetto Oil of Charleston, II, LLC
 
DOCKET NUMBER:
03-ALJ-17-0211-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

William Taylor
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Palmetto Oil of Charleston II, LLC (Palmetto), located at 5302 Rivers Avenue, 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.” 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.Palmetto admits that it permitted a person under the age of twenty-one purchase beer from its licensed location at the above location on October 17, 2002. For this violation Palmetto agrees to remit a fine in the amount of $2500.00 to the Department, no later than October 12, 2003. Palmetto also agrees to serve a suspension of its beer and wine permit at this location for a period of ten days. Palmetto will surrender its permit to the Department to begin service of the suspension on October 12, 2003. The suspension will run continuously from day to day until the ten 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 Palmetto had in place at this location at the time of the violation, the Department accepts the terms herein in full satisfaction of Palmetto’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.

_______________________________

October 2, 2003The Honorable Ray N. Stevens

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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