ORDERS:
CONSENT ORDER
This case came before the Court from an appeal by Picasso's Partnership ("Respondent") of a Violation
Report issued by the South Carolina Law Enforcement Division ("SLED") on August 11, 2000 against the
Respondent for violations of the South Carolina Alcoholic Beverage Control Act. The citations issued to
Respondent on that date were for violations of S.C. Code Ann. Sections 61-4-20 (presenting for sale non-tax
paid beer), 61-6-2610 (possession of non-tax paid liquor), and 61-6-2600 (possession of liquor in containers
larger than two ounces). Respondent appealed and the Department issued a Final Agency Determination on
March 22, 2001. In the Final Agency Determination, the Department dropped the violation issued under
Section 61-4-20, affirmed the violations under Sections 61-6-2600 and 2610, and imposed additional fines
under S.C. Code Ann. Section 61-6-1630. This was the first violation on the Respondent's beer and wine
permit. The Department sought revocation of the Respondent's beer and wine permit and sale and
consumption license and the imposition of fines totaling $4,100.00 for these violations. Respondent appealed
the Department's findings and sought a hearing before the Administrative Law Judge Division.
Prior to a hearing date being set in this case, an agreement was reached between the parties resolving this
matter on the following terms and conditions:
1. The Respondent Picasso's Partnership and its principal, Dorinda Basham, agree to the permanent
revocation of both their beer and wine permit and sale and consumption license, numbers BW179327 and
SB179328. Both the permit and license have already been voluntarily turned in to the Department of
Revenue.
2. The Respondent and its principal, Dorinda Basham, further agree to the payment of a fine in the amount of
$400.00 to the Department of Revenue within fifteen (15) days of the signing of this Order.
3. The entry of this Order and revocation of the Respondent's permit and license does not prohibit any third
parties who currently have no interest in Picasso's Partnership, or the business previously operating at this
location under that name , from applying with the Department for permits or licenses for this location.
4. In accordance with the provisions of Title 61 of the South Carolina Code Annotated, the Respondent and
its principal, Dorinda Basham, shall be prohibited from applying for a permit for the retail sale or sale and
consumption of beer and wine or alcoholic beverages for a period of three years from the date of this Order.
5. 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 #54-00-2126.
Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption.
__________________________________ _________________________________
Jeffrey M. Nelson, Esq. Clifford Bush, III, Esq.
Counsel for Regulatory Litigation Harvey & Battey, P.A.
P.O. Box 125 Counsel for the Respondent
Columbia, SC 29214 P.O. Box 1107
(803) 737-4426 Beaufort, SC 29901-1107
(843) 524-3109
IT IS SO ORDERED.
____________________________________
JOHN D. GEATHERS
Administrative Law Judge
Columbia, South Carolina
July 9, 2001 |
