South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. CSS Hunley Reclamation and Preservation Society

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
CSS Hunley Reclamation and Preservation Society
 
DOCKET NUMBER:
01-ALJ-17-0030-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This case came before the Court from an appeal by the Respondent CSS Hunley Reclamation and Preservation Society ("Respondent") on a Violation Report issued by the South Carolina Law Enforcement Division ("SLED") on August 25, 2000 for a violation of 23 South Carolina Code Ann. Regs. 7-17(J) (consumption of liquor by a non-member). This was the third violation issued against the Respondents sale and consumption permit during the past three years. Additionally, the Department has a fourth violation pending against the Respondent (SLED Case # 54-00-2787) for an alleged fourth violation of Reg. 7-17(J) which occurred on October 8, 2000. In the present action, as well as case 54-00-2787, the Petitioner South Carolina Department of Revenue ("Department") sought a permanent revocation of the Respondents sale and consumption permit (# 32002185-SC) and monetary fines of $500.00 and $1,000.00 respectively for these two violations. Respondent appealed the Department's findings and sought a hearing before the Administrative Law Judge Division.

Prior to a hearing being scheduled in this case, an agreement was reached between the parties resolving this matter on the following terms and conditions:

  • The Respondent CSS Hunley Reclamation and Preservation Society agrees to the Department of Revenue permanently revoking the Respondent's Sale and Consumption permit #32002185-SC. The Respondent agrees to voluntarily surrender the license to the Department of Revenue offices within 15 days of the date of this Order.


  • The entry of this Order and permanent revocation of the Respondent's license does not prohibit any third parties which had no interest in the business at this location during the period in which license # 32002185-SC was in effect, from applying for or being issued, for this location, any permits or licenses which the Department is mandated or authorized to issue.


  • The entry of this Order does, in accordance with S.C. Code Ann. Section 61-4-520(4), prohibits the Respondent from applying for, or being issued by the Department, any license for the sale and consumption or retail sale of alcoholic beverages or beer and wine for a period of two (2) years from the date of entry of this Order.


  • The Department agrees, pursuant to S. C. Code Ann. Section 12-4-320(3) (Rev. 2000) to waive any additional or remaining fines or penalties sought in the administrative violation report and Final Agency Determination issued in this case and SLED violation #54-00-2787.


Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption and the permanent revocation of sale and consumption permit #32002185-SC.





Jeffrey M. Nelson, Esq. Wesley Locklair, Esq.

Counsel for Regulatory Litigation Attorney for the Respondent

P. O. Box 125 4447 Hwy 17 Business

Columbia, SC 29214 Suite 101 - Village Center

(803) 898-5172 Murrells Inlet, SC 29576

(843) 357-6454

IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge

Columbia, South Carolina

March 2, 2001


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