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requested license and permit, the protests were withdrawn.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 |