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 ("SLED") 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 South
Carolina Code Ann. Section 61-4-580(5) (permitting a criminal act; sale of cigarettes to a minor).
Specifically, the Respondent is the owner and licensee of "Kahn's Wholesalers" located at 45 Spring Street in
Charleston, South Carolina. On April 28, 1999 a fifteen year old Underage Cooperating Individual ("UCI"), working with
the South Carolina Law Enforcement Divisions Alcohol Enforcement Unit and the Charleston Police Vice unit, purchased a
carton of cigarettes from the licensee.
The Respondent previously paid a $400.00 fine for a violation on May 8, 1997. The Department, therefore, assessed a fine
of $800.00 against the Respondent for the current violation under the guidelines of South Carolina Revenue Procedure 95-7;
which calls for a fine of $800.00 for a second violation within a three year period.
A hearing was scheduled in this matter before the Administrative Law Judge Division on June 27, 2000. Prior 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 and agrees to pay a fine of $400.00 to the Department. The Respondent agrees
to make payment of this fine within thirty (30) days of the date of this Order.
2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1999) to waive the remaining
monetary fines which it had sought for this violation.
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
Respondents have 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 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.
_________________________ _______________________
Jeffrey M. Nelson, Esq. Barry Krell, Esq.
Counsel for Regulatory Litigation Urricchio, Howe & Krell, P.A.
P.O. Box 125 P.O. Box 399
Columbia, SC 29214 Charleston, SC 29402-0399
(803) 737-4426 (843) 723-7491
June 27, 2000 July 25, 2000
IT IS SO ORDERED
__________________________
Hon. Ralph King Anderson III
Administrative Law Judge
July 31, 2000, 2000 |
