ORDERS:
CONSENT ORDER
This matter came before the South Carolina Department of Revenue from an appeal by the Respondent of a Violation
Report issued by the South Carolina Law Enforcement Division against the Respondent for alleged violations of the South
Carolina Alcoholic Beverage Control Act.
The Respondent appealed a violation report issued by the Department alleging violations by the Respondent under S.C.
Code Ann. § 61-4-580(5) (permitting a criminal act; gambling) and § 61-6-2600 (possession of liquor in containers larger
than two ounces) (Supp. 1999). The first charge was made against the Respondent's beer and wine permit, license number
151500. The second violation was written against his sale and consumption license. This location is licensed for the sale of
alcohol as a private club.
Specifically, the Respondent is the owner and licensee of "Putters" located on Highway 707 in Myrtle Beach, South
Carolina. On July 27, 1999 agents of SLED Alcohol Enforcement Unit performed an inspection of this location. The
agents found fifteen (15) large, in excess of two ounces, bottles of alcoholic liquor on the premises. Additionally, the
agents found and seized numerous decks of cards along with chips and dice which were located on the premises.
Both violations are the first against either permit/license. Under Revenue Procedure 95-7 the Department requested fines
of $400.00 for each violation.
A hearing was scheduled in this matter before the Adminstrative Law Judge Division on April 26, 2000. Prior to that date,
the parties reached a settlement and compromise of this matter on the following terms and conditions:
1. The Respondent admits to the two violations and agrees to pay a fine of $400.00 to the Department. The Respondent
agrees to make one payment of $200.00 to the Department no later than May 5, 2000 and to make a second payment to the
Department of an additional $200.00 by no later than June 5, 2000.
2. The Department agrees, pursuaunt to S.C. Code Ann. § 12-4-320(3) (Supp. 1999) to waive any remaining fines or
penalties form these violations.
3. The Respondent understands and agrees that this settlement and agreement does not affect or resolve any additional or
future violations of the Alcohol Beverage Control Act or any other provisions, responsibilities, or liabilities which the
Respondent has under South Carolina law.
4. This Agreement and Compromise constitutes a final resolution of the issues stated herein between the parties and is
entered by the Department under the authority granted it under S.C. Code Ann. § 12-4-320(3) (Supp. 1999).
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petitioner in this
matter with prejudice.
AND IT IS SO ORDERED.
_____________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
April 19, 2000
WE CONSENT:
________________________
JEFFREY M. NELSON, ESQUIRE
SC Department of Revenue
___________________________
GREG SEIDEL
Putters |
