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. Marshalls, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Marshalls, Inc.
 
DOCKET NUMBER:
00-ALJ-17-0195-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Administrative Law Judge Division due to the South Carolina Department of Revenue's (Department) issuance of citations against Respondent for the following: "permitting consumption of liquor by a nonmember," 23 S.C. Code Ann. Regulation 7-17(J) (Supp. 1999), "permitting gambling," S.C. Code Ann. Section 61-4-580 (3) (Supp. 1999), and "failure to display permits," 23 S.C. Code Ann. Regulations 7-5, 7-79 (Supp. 1999). The Department issued its Final Department Determination finding the violations did occur, imposing fines of $1,800.00, and seeking revocation of the minibottle sales and consumption license.

Prior to the hearing, the parties resolved the matter. Their agreement is incorporated in this consent order and is set forth below.

1. For the violations imposed by the Department, Respondent agrees to remit to the Department the fine of $1,800.00. This fine will be delivered to the Department no later than 5:00 p.m. on July 3, 2000.

2. Because Respondent does currently hold a license for this location, the Department no longer seeks revocation.

3. The Department accepts the terms as set forth above in full and final resolution of the above referenced violations.

I find the above agreement to be fair and equitable, approve such agreement and hereby order its adoption. The Division retains continuing jurisdiction to enforce this Order. As the parties no longer require a hearing on this matter, I hereby order its DISMISSAL WITH PREJUDICE.



AND IT IS SO ORDERED.



_______________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge





July 5, 2000





WE SO CONSENT:





______________________

Carol I. McMahan

Attorney for Petitioner







______________________

James H. Harrison

Attorney for Respondent


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