South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Paul Herring, d/b/a Earth Fare, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Paul Herring, d/b/a Earth Fare, Inc.
 
DOCKET NUMBER:
00-ALJ-17-0156-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

On October 13, 1999, an underage cooperating individual working for the Charleston Police Department purchased beer from the business operated by Earth Fare, Inc., at 74 Folly Road, Charleston, South Carolina. An agent of the South Carolina State Law Enforcement Division subsequently issued an administrative citation against Earth Fare, Inc., for violating SLED Reg 7-9(B) by permitting the purchase of beer by a person under 21 years of age. The South Carolina Department of Revenue informed Earth Fare, Inc., that it intended to revoke its beer and wine permit for this violation. Earth Fare, Inc., contested the violation and a contested case hearing was scheduled to be held before me on July 19, 2000.

The parties have negotiated a settlement of this contested matter. Earth Fare, Inc., agrees to a 30 days suspension of its beer and wine permit. The suspension will begin at one minute after midnight on September 5, 2000. The suspension will end one minute after midnight on October 5, 2000. Earth Fare, Inc., will surrender its beer and wine permit to the Department on September 5, 2000. The Department will return the beer and wine permit to Earth Fare, Inc., on October 5, 2000. Earth Fare, Inc., further agrees to a monetary penalty in the amount of $2500.00 which will be paid to the Department within 30 days of the date of this Order/

I find that the agreement of the parties is a satisfactory resolution of the contested matter between the parties, is fair and reasonable, and hereby order its adoption.

IT IS SO ORDERED.



______________________________

CAROLYN C. MATTHEWS

Administrative law Judge

July 20, 2000

Columbia, South Carolina



I SO MOVE:



NICHOLAS P. SIPE, ESQUIRE

ATTORNEY FOR THE PETITIONER





I SO CONSENT:



DAVID S. YANDLE, ESQUIRE

ATTORNEY FOR THE RESPONDENT


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