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:
DOR vs. Murphy Oil USA, Inc., #5731

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Murphy Oil USA, Inc., #5731
 
DOCKET NUMBER:
03-ALJ-17-0449-CC

APPEARANCES:
Lynn M. Baker, Esq.
Attorney for Petitioner

Zoe Sanders Nettles, Esq.
Nelson, Mullins, Riley & Scarborough, LLP
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Murphy Oil USA, Inc., #5731 (Murphy), located at 10826 Kings Road, Myrtle Beach, South Carolina, had violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2002), by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to a hearing on this matter, the parties reached a settlement in resolution of the issues. The provisions of the agreement are incorporated in this Order and are as set forth below:

1.Murphy admits that it violated Regulation 7-9(B) at its licensed location at the above address on May 17, 2003. For this third violation, Murphy agrees to remit a fine in the amount of two thousand dollars ($2000.00) no later than January 5, 2004, to the Department. Murphy also agrees to serve a suspension of its beer and wine permit at this location for a period of fifteen (15) days. Murphy will surrender its permit to the Department to begin service of the suspension on January 5, 2004. The suspension will run continuously from day to day until the fifteen-day suspension has been served.

2.Murphy additionally agrees to recurrent alcohol sales training for its employees. Such training shall be held at least once every quarter in a year for old employees and shall be held for each new employee as soon as practicable upon the acceptance of employment. Murphy will further be required to engage the services of a private business whose alcohol sales training program is recognized by the Department.

3.In consideration of the above and based on the procedures, policies and other processes that Murphy had in place at the location at the time of the violation, the Department accepts the above in full satisfaction of this violation. Further, the parties freely and voluntarily entered into this agreement. The parties agree that this constitutes the full and final resolution of this violation and such is resolved with prejudice.

I find the agreement to be fair and equitable and will approve such agreement and hereby order its adoption. The Administrative Law Judge Division retains continuing jurisdiction to enforce this Order. As Respondent no longer requires a hearing on this matter, I also order this matter RESOLVED with prejudice.

AND IT IS SO ORDERED.



______________________________

JOHN D. GEATHERS

Administrative Law Judge

December 4, 2003

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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