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. G. S. Beverage Corporation, d/b/a Green's Beer and Wine

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
G. S. Beverage Corporation, d/b/a Green's Beer and Wine
 
DOCKET NUMBER:
01-ALJ-17-0049-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court based on the issuance of an Administrative Violation and the South Carolina Department of Revenue's ("Department") Final Determination to Respondent G. S. Beverage Corporation d/b/a Green's Beer and Wine citing a violation of 23 S.C. Code Ann. Regs. 7-9(B) which occurred on or about September 29, 200. Respondent appealed the Department's Final Determination seeking review of the violation charged and the penalty imposed.



It appears the Department and the Respondent have resolved all issues in this case and reached an agreement upon its disposition without the necessity of a contested case hearing. Under and limited to the facts of this case, the Department will substitute a warning for the citation issued for the September 29, 2000, violation. In exchange, G. S. Beverage Corporation will place and henceforth utilize an age verification in its 2850 North Kings Highway, Myrtle Beach, South Carolina location. The scanner will be placed in the Green's location within forty-five (45) days of the date of this order, if not sooner. Accordingly, the parties wish that this case be dismissed.



I find the agreement between the parties to be fair and equitable, approve the agreement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce the terms of this Order. Therefore, upon the motion of the Respondent withdrawing its request for a contested case hearing and with the consent of Petitioner, this case is dismissed with prejudice.



IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge



June 25, 2001

Columbia, South Carolina



WE SO MOVE: WE SO CONSENT:



G. S. Beverage Corporation S. C. Department of Revenue





Marlene T. Sipes Michael K. Kendree

Counsel for Respondent Counsel for Petitioner


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