ORDERS:
CONSENT ORDER
This matter was initiated when the South Carolina Department of Revenue (Department) denied the Petitioner's application
for renewal of his on-premises beer and wine permit, BW 858219. The Department issued its final determination denying
the renewal on the basis that it had been protested and also that the location was now unsuitable for issuance of such a
license pursuant to S.C. Code Ann. Section 61-4-520 (6) (Supp. 1998).
At the hearing on October 15, 1999, on the record, the parties entered into an agreement permitting renewal of the beer and
wine permit subject to the restrictions set forth below. Those restrictions are incorporated in this Order.
The agreement between the parties is as follows:
1. Mr. Peaster agrees to place floodlights on the outside front and sides of his licensed location for better visibility. He also
agrees to paint the outside of his licensed location;
2. Mr. Peaster further agrees to install video and audio equipment (one in each room of the location) to monitor activities.
The tape used will be a seven day tape. Mr. Peaster agrees to permit law enforcement to view the tape upon request;
3. Mr. Peaster also agrees to clean up the trash and other debris in and around the location and to maintain the location in a
sanitary condition; this includes the installation of a new toilet in the men's bathroom;
4. Further, Mr. Peaster agrees not to permit individuals under the age of twenty-one on his licensed location after 9:00 p.m.;
5. Mr. Peaster also agrees to obtain a trespass notice from the court, prohibiting the entry on his licensed location, of any
individuals convicted of a crime.
6. Finally, Mr. Peaster agrees to complete these items no later than sixty days from October 15, 1999.
7. Mr. Peaster agrees that failure to comply with any one of the terms set forth above will result in immediate revocation of
his beer and wine permit without further hearing. Mr. Peaster agrees to surrender the license upon the violation of any of the
restrictions set forth above;
8. In consideration of the above, the Department will renew Mr. Peaster's beer and wine permit subject to the restrictions.
I find the agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retains
continuing jurisdiction to enforce this Order. I Order the South Carolina Department of Revenue to renew Mr. Peaster's
beer and wine permit subject to the restrictions set forth herein.
AND IT IS SO ORDERED.
______________________________
Honorable Ralph King Anderson, III
Administrative Law Judge
December 3, 1999
Columbia, South Carolina
WE SO CONSENT:
By:
Carol I. McMahan
Attorney for Petitioner
By:______________________________
William P. Walker, Jr.
Attorney for Respondent
By:______________________________
Wallace Oswald, Chief of Police
Batesburg Leesville Police Department |
