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 Pauline Smith ("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.
Section 61-6-2600(4) (display of minibottles with broken seals). This charge was made against the Respondent's Sale and
Consumption Permit, license number SB069963.
Specifically, the Respondent is the licensee for "Blackwell's on the Links" located at 802 Players Course Road in Manning, South
Carolina. On December 20, 1999, Special Agents Jill Turner and Richard Gregory of the South Carolina Law Enforcement Division's
Alcohol Enforcement Unit, conducted an investigation of the Licensee's place of business. Upon entering the location, the Agents
noted that many of the minibottles in the bar area had broken seals. The Agents found additional bottles in the rear storage area of the
building which had broken seals. In all, the Agents found, and confiscated, 180 minibottles at the location with broken seals. The
Licensee could not produce any documentation regarding the purchase of the liquor and informed the Agents that the bottles had been
purchased from an individual, and not a licensed wholesale or retail establishment. Agent Turner issued a Violation Report citing the
Licensee with violating Section 61-6-2600(4).
In accordance with both the statute and Revenue Procedure 95-7, the Department sought the revocation of the Licensee's Sale and
Consumption permit for this violation in a Final Agency Determination issued on March 21, 2000. The Licensee appealed the
Department's Final Agency Determination and requested a hearing before the Administrative Law Judge Division on April 20, 2000.
A hearing was scheduled in the current matter before the Administrative Law Judge Division on August 3, 2000. Prior to that date,
the Respondent agreed to dismiss her appeal and to submit to a revocation of her Sale and Consumption Permit on the following terms
and conditions:
1. The Respondent admits to the violation of December 20, 1999, and agrees to the revocation of her Sale and Consumption Permit
(License Number SB069963). The Respondent agrees to surrender this permit to the Department within fifteen (15) 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 dismiss any remaining fines or penalties
which may have been sought in this action.
3. The Respondent understands and agrees that this settlement and consent to revocation does not affect or resolve any additional
pending or future violations of the Alcohol Beverage Control 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 Order 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. William H. Johnson, Esq.
Counsel for Regulatory Litigation Attorney for the Respondent Pauline Smith
P.O. Box 125 16 N. Brooks St.
Columbia, S.C. 29214 Manning, S.C. 29102
(803)737-4426 (803)435-0909
July 24, 2000 August 1, 2000
IT IS SO ORDERED.
____________________________
Hon. Marvin F. Kittrell
Chief Administrative Law Judge
August 8, 2000 |
