ORDERS:
CONSENT ORDER
The South Carolina Department of Revenue (Department) initiated this matter by
issuing a finding that The Spinx Company, Inc. (Spinx), located at Pendleton Street and Easley
Bridge Road (1103 Pendleton Street), Greenville, 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.Spinx admits that it violated Regulation 7-9B, at its licensed location at the above
referenced address, on February 25, 2003. For this violation Spinx agrees to remit
a fine in the amount of $3500.00 no later than October 21, 2003. Spinx further
agrees to serve a suspension of its beer and win permit at this location for a period
of seventy days. Spinx further agrees to surrender its permit to the Department on
October 20, 2003, to begin the service of such suspension. It further agrees to
serve this suspension beginning on October 20, 2003, serving it continuously from
day to day until the suspension is served in its entirety. Further, Spinx agrees that
it will not lease, sublease, sell or otherwise transfer this location, its personalty,
realty, gas supplier contracts, etc., to a related or unrelated person and or entity,
until the completion of the service of the agreed upon seventy day suspension.
2.Further, Spinx understands that its beer and wine permit at this location will come
up for renewal during the service of the suspension. Spinx agrees that it will
timely file a renewal application with the fees attached. The Department will
return this renewed permit to Spinx upon completion of the seventy day
suspension.
3.In consideration of the above and based on the procedures, training, and other
processes that Spinx had in place at this location on February 25, 2003, the
Department accepts the above in satisfaction of this violation. The Department
also understands that during the seventy day suspension at Spinx #112, other
Spinx locations will come due for the renewal of beer and wine permits. The
Department agrees that this suspension will not, in and of itself, hinder the renewal
of such beer and wine permits at other Spinx locations.
The parties freely and voluntarily entered into this agreement. Further, 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 23, 2003The Honorable Ray N. Stevens
Chief Administrative Law Judge |
