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. Southern Convenience Stores, Inc., No. 127

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Southern Convenience Stores, Inc., No. 127
 
DOCKET NUMBER:
02-ALJ-17-0116-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT AGREEMENT

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Southern Convenience Stores, Inc., No. 127, (Southern) located at 642 Saluda Street, Chester, South Carolina, had violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2001) by "permitting the purchase of beer by a person under the age of twenty-one," for the fourth time within a three year period. Prior to a hearing on this matter, the parties resolved the matter.

The parties have agreed to the following:

1. For the violation of 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2001), "permitting the

purchase of beer by a person under the age of twenty-one," Southern has agreed to serve a suspension of its beer and wine permit for a period of one-hundred and twenty (120) days. This suspension will begin on August 1, 2002, and run continuously for a period of 120 days. Further, Southern agrees to remit to the Department a find in the amount of $1,000.00 no later than 5:00 p.m. on August 1, 2002.

2. Southern further agrees that if this location is cited for another violation regarding

beer/wine sales to underage individuals within three years of the four violations set forth in the Department's final determination dated March 18, 2002, that it, Southern No. 127, will surrender its beer and wine permit in revocation.

3. Given the mitigating circumstances in this matter, the Department agrees to the foregoing and accepts these terms in satisfaction of the fourth violation.

The parties freely and voluntarily entered into this agreement. Further, the parties agree that this constitutes the full and final resolution of this violation and such is resolved with prejudice. Failure to comply with the specific terms set forth herein will result in the imposition of the original revocation as set forth in the Department's final determination dated March 18, 2002.

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. As Respondent no longer requires a hearing on this matter, I also Order this resolved with prejudice.

AND IT IS SO ORDERED.



________________________________

Ralph King Anderson, III

Administrative Law Judge





July 23, 2002

Columbia, South Carolina



WE SO CONSENT:





_______________________________

Carol I. McMahan

Counsel for Regulatory Litigation





_______________________________

Michael J. Frost, President/CEO

Southern Convenience Stores, Inc.


Brown Bldg.

 

 

 

 

 

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