ORDERS:
CONSENT ORDER
This matter came before the South Carolina Department of Revenue (Department) 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 of the Respondent under 23 S.C.
Code Ann. Reg. 7-9(B) (permitting purchase of beer by a person under the age of 21). This charge was made against the
Respondent's beer and wine permit, license number BW053007.
Specifically, the Respondent is the owner and licensee of the "Hayloft" located at 4224 Dorchester Road, North Charleston,
South Carolina. On June 24, 1999 Agent John Ramey of the South Carolina Law Enforcement Division's Alcohol
Enforcement Unit, along with officers of the North Charleston Police Department, conducted an investigation of the
Respondent's business. A 19 year old cooperating individual was sent into the business by Agent Ramey. While inside the
location, the UCI purchased a beer for $2.00 from the bartender. The bartender failed to ask the UCI for proof of his age.
The UCI exited the location, whereupon Agent Ramey entered the location and cited the Respondent.
The violation at issue in this matter is the first to be appealed from the Department to the ALJD, therefore, under Revenue
Procedure 95-7 the Department requested a fine of $400.00 for this violation. There are, however, additional violations
charged against the Respondent which are still awaiting Final Agency Determinations before the Department and which the
parties wish to resolve in this agreement and order. Those additional charges are: SLED violation number 54-99-0260
(February 11, 1999) charging the Respondent with failure to maintain food service, and SLED violation numbers 54-99-0804 and 54-99-9153 (March 30, 1999) charging the Respondent with the sale of beer or wine and a COD cash payout to a
person under the age of 21.
A hearing was scheduled in the current matter before the Administrative Law Judge Division on June 27, 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 violation of June 24, 1999 and agrees to pay a fine of $1000.00 to the Department. The
Respondent agrees to make payment of this fine to the Department within thirty (30) days of the date of this Order.
2. The Department agrees, pursuant to S.C. Code Ann. § 12-4-320(3) (Supp. 1999) to dismiss violations 54-99-0804, 54-99-0260, and 54-99-9153 and to waive any fines or penalties previously sought for these violations.
3. The respondents understand and agree that this setlement and agreement does not affect or resolve any additiona; pending
or future violations of the Alcohol Beverage Control Act or Video Gaming Machines Act not specifically referred to in this
Order or any other provisions, responsibilities, or liabilities which the Respondent has under South Carolina law.
4. This agreement and compromise consitutes a finla resolution of the issuesstated herein between the parties and is entered
by the Department under the authority granted to it under S.C. Code Ann. Section 12-4-320(3) (Supp. 1999).
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter
with prejudice.
______________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
July 26, 2000
Columbia, South Carolina
WE CONSENT:
____________________________________
JEFFREY M. NELSON, ESQUIRE
ATTORNEY FOR THE PETITIONER
____________________________________
JAMES H. HARRISON, ESQUIRE
ATTORNEY FOR THE RESPONDENT |
