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. Kwik Fill, Inc., d/b/a Kwik Fill #23

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Kwik Fill, Inc., d/b/a Kwik Fill #23
 
DOCKET NUMBER:
03-ALJ-17-0262-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

John W. Rabb, Jr.
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated these matters by issuing Final Department Determinations which provided that Kwik Fill, Inc. (Kwik Fill), located at 2988 W. Montague Ave., N. Charleston, South Carolina, had violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2002), by “permitting the purchase of beer by a person under the age of twenty-one” on March 4, 2003, and September 17, 2002. Prior to the hearings on these matters, the parties resolved the issues. That agreement is incorporated into this Consent Order as set forth below:

1.Kwik Fill admits that it violated Regulation 7-9(B) on March 4, 2003, and September 17, 2002. Because these are the fourth and fifth violations of Regulation 7-9(B) at this location, Kwik Fill agrees to surrender its beer and wine permit, Number 32004395-P7B, to the Department, in revocation of such permit, no later than October 7, 2003. Kwik Fill further agrees that it has not transferred this location to another entity or individual who has currently applied for or plans to apply for a beer and wine permit at this location within the next two years.

2.In consideration of the above, the Department accepts the terms herein in full satisfaction of Kwik Fill’s violations 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 these violations and such are 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 these matters, I also Order these matters RESOLVED WITH PREJUDICE.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

October 6, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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