ORDERS:
CONSENT ORDER
This matter was instituted by a violation, SLED violation #54-01-0759, written by the South Carolina Law Enforcement
Division ("SLED") against Zakash Food, Inc. on March 16, 2001. Zakash Food holds a retail alcohol sales license issued
by the Department of Revenue under License Number 32020910-PRL for Zakash Foods located at 6540 Rivers Avenue in
North Charleston, South Carolina. The Licensee was charged with a violation under South Carolina Code Ann. Section 61-6-4010 for the storage and possession of liquor acquired an other than lawful manner. Specifically, the Licensee was found
to have been in possession of several bottles of stolen Hennessy cognac.
The violation was reported to the South Carolina Department of Revenue ("Department") which subsequently informed the
Respondent of its intent to seek a permanent revocation of the Respondent's retail liquor license.
The Respondent appealed the proposed fines and penalties. On November 1, 2001, the Department issued a Final Agency
Determination affirming the revocation of the Respondent's retail liquor license. The Licensee appealed the Department's
Final Agency Determination to the Administrative Law Judge Division. Prior to this case being set for a hearing, the
Department and the Licensee reached a settlement and agreement to resolve this matter based on the following terms and
conditions:
1. The Respondent agrees to pay a fine of $500.00 and to submit to the voluntary suspension of its retail liquor license for
a period of 15 days; commencing on a date to be agreed upon by the parties within thirty (30) days of the signing of this
Order.
2. In consideration for the Respondents agreement to pay and submit to the aforesaid fines and penalties, the Department
waives any remaining fines or additional penalties in this matter.
3. The parties agree that this agreement constitutes a final settlement and agreement between them of this violation and is
entered by the Department under the authority granted to it by S.C. Code Ann. Section 12-4-320 (3) (Supp. 2000).
Having reviewed this Consent Order, and finding the terms and conditions set forth herein to be fair and equitable, I hereby
order its adoption and dismiss the petition in this matter with prejudice.
________________________ ________________________
Jeffrey M. Nelson, Esq. Matthew R. Hubbell, Esq.
Counsel for Regulatory Litigation 7 State Street
P.O. Box 125 Charleston, SC 29401
Columbia, SC 29214 (843) 720-3184
(803) 898-5172
January 7, 2002 January 9, 2002
IT IS SO ORDERED.
________________________
Hon. Carolyn C. Matthews
Administrative Law Judge
January 17, 2002 |
