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. Lexx Corporation, d/b/a Club Lexus

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Lexx Corporation, d/b/a Club Lexus
 
DOCKET NUMBER:
00-ALJ-17-0475-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Administrative Law Judge Division on November 3, 2000 at 1:30, due to South Carolina Law Enforcement Division's (SLED) issuance of citations to Respondent, Lexx Corporation (The Club) for eight violations of the alcohol licensing and regulation provisions.



The South Carolina Department of Revenue (Department) issued its Final Determination imposing these violations and seeking revocation of the Club's beer and wine permit for the "criminal act -hindering inspection" violation, imposing a fine of $1,000.00 and revocation of the private club sales and consumption license for the "refilling minibottles-avoidance of taxes" charge, and imposing other fines for the remaining violations. At the hearing on this matter, the parties stipulated on the record to an agreement resolving these violations. That agreement is incorporated into this Order. The agreement between the parties is as follows:

  • Respondent, Lexx Corporation, holds a private club sales and consumption license and beer and wine permit for a location at 1640 Ogden Road, Rock Hill, South Carolina. The location does business as "Club Lexus."
  • Respondent admits that on December 11, 1999, it committed the following eight violations of the alcohol licensing and regulation provisions:

(1) "Permitting consumption of liquor by a nonmember," 23 S.C. Code Ann. Regulation 7-17(J) (Supp. 1999);

(2) "Permitting consumption of liquor during restricted hours," S.C. Code Ann. 61-6-1600 (Supp. 1999);

(3) "Permitting a criminal act-hindering inspection," S.C. Code Ann. Section 61-4-580(5)(Supp. 1999);

(4) "Failing to maintain required records, membership and financial," 23 S.C. Code Ann. Regulation 7-17(I);

(5) "Failure to maintain required minibottle invoices and records," 23 S.C. Code Ann. Regulation 7-7 (Supp. 1999);

(6) "Failure to destroy minibottles," 23 S.C. Code Ann. Regulation 7-13 (Supp. 1999);

(7) "Possession of liquor in containers other than minibottles on the licensed premises," S.C. Code Ann. Section 61-6-2600 (Supp. 1999);

(8) "Avoidance of taxes, refilling minibottles," S.C. Code Ann. Section 61-6-2600(4) (Supp. 1999).

  • For these eight violations, Respondent agrees to the revocation of its beer and wine permit and private club sales and consumption license. Respondent agrees to surrender these to the Rock Hill Police Department (for SLED agent Pope) no later than 5:00 p.m. on December 9, 2000. Respondent also agrees to remit to the Department a fine in the amount of $1,000.00. This fine will be paid to the Department in two payments. Respondent will remit $500.00 to the Department no later than 5:00 on December 1, 2000. Respondent will remit the remaining $500.00 to the Department no later than 5:00 p.m. January 2, 2001.
  • In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.
  • The parties further agree that this constitutes the full and final resolution of these violations and this agreement is with prejudice.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retains continuing jurisdiction to enforce this Order.

IT IS SO ORDERED.



____________________________

November 7th, 2000 Honorable Ray N. Stevens

Administrative Law Judge



WE SO CONSENT:





_____________________________

Carol I. McMahan

Attorney for Petitioner, South Carolina

Department of Revenue





_____________________________

Wesley Locklair

Attorney for Respondent

Lexx Corporation


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