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:
Robert T. Riley, Jr., Causeway Enterprises, Inc. vs. SCDOR

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
Robert T. Riley, Jr., Causeway Enterprises, Inc.

Respondents:
South Carolina Department of Revenue

Intervenor:
Seawatch Landing Horizontal Property Regime
 
DOCKET NUMBER:
98-ALJ-17-0476-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

The above named Petitioner, Robert T. Riley, Jr., Causeway Enterprises, Inc., applied for a business sale and consumption (mini-bottle) license and an on-premises beer and wine permit for a location at 213 Atlantic Avenue, Garden City, South Carolina. A protest against these applications was filed by Seawatch Landing Horizontal Property Regime, Pengergrass Realty, Inc., and the Horry County Police Department. A hearing on the matter was set for 10:00 a.m. on October 1, 1998. Prior to the hearing, Robert T. Riley, Jr., Petitioner, and Seawatch Landing Horizontal Property Regime, Intervenor, entered into an agreement which resulted in settlement of the matter.

Based on Petitioner's voluntary agreement to have written stipulations placed on the requested license and permit, the protests were withdrawn.

The voluntary stipulations, as set forth below, are incorporated into this Order.

1. The location will be closed and locked not later than 10:30 p.m. and will not reopen

until daylight the following morning.

2. At no time will live music be performed at the location.

3. Management will not permit loitering outside near the location by its customers or

staff during the hours of operation. At no time will the patio area in the rear be used

by customers or staff.

4. Applicant will execute a mutually acceptable civil contract with Seawatch Condominiums to insure compliance with these stipulations.

5. In the event of non-compliance with the voluntary stipulations, the Department of

Revenue is authorized to suspend or revoke the license and/or permit and/or levy a monetary penalty against the holder of the license and permit. Failure to pay any

assessed monetary penalty will result in suspension or revocation of said license

and/or permit.

6. All stipulations to the license and permit shall apply to any renewal thereof.

I find the above settlement to be fair and equitable to all parties, approve such settlement, and hereby order its adoption. This Court retains continuing jurisdiction to enforce this order. As the parties no longer required a hearing on this matter, I also order this matter dismissed with prejudice.

WE SO MOVE:

By:

Arlene D. Hand

Counsel for Regulatory Litigation

Attorney for Respondent

WE SO CONSENT:

By:

Kenneth E. Allen

Attorney for Respondent

By:  

Eugene C. Fulton, Jr.

Attorney for Intervenor



















AND IT IS SO ORDERED.







RAY N. STEVENS

Administrative Law Judge



October 13th, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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