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. The Pantry, Inc., d/b/a Depot #3278

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
The Pantry, Inc., d/b/a Depot #3278
 
DOCKET NUMBER:
03-ALJ-17-0260-CC

APPEARANCES:
Dana R. Krajack, Esquire
Counsel for Petitioner

Baylen T. Moore, Esquire
Counsel for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (“Department”) initiated this matter by issuing a finding that The Pantry, Inc., d/b/a Depot #3278 (“Pantry”), located at 1001 Woodruff Road, Greenville, 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.” Prior to a hearing in this matter, the parties resolved the issues. That agreement is incorporated into this Consent Order as set forth below:

1.The Pantry admits that it permitted a person under the age of twenty-one to purchase beer from its licensed location at the above address on January 10, 2003. For this violation, Pantry agrees to remit a fine in the amount of $2,000.00 no later than October 20, 2003, to the Department. Pantry also agrees to serve a suspension of its beer and wine permit at this location for a period of ten (10) days. Pantry will surrender its permit to the Department to begin service of the suspension on October 20, 2003. The suspension will run continuously from day to day until the ten (10) 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 Pantry had in place at this location at the time of the violation, the Department accepts the terms herein in full satisfaction of Pantry’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 Division 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.

______________________________

JOHN D. GEATHERS

Administrative Law Judge


October 16, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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