ORDERS:
CONSENT ORDER
This matter was instituted by a violation, SLED violation #54-02-1159, written by the South Carolina Law
Enforcement Division ("SLED") against Eugene T. Spann ("Respondent") on May 29, 2002. Respondent holds
a off premise beer and wine permit issued by the Department of Revenue under License Number 32007781-PBG for Spann's Market located at 4140 Wedgefield Rd. in Sumter, South Carolina. The Respondent was
charged with a violation under South Carolina Code Ann. Section 61-4-580 and Regulation 7-9(B) for the sale of
beer or wine to a person under the age of twenty-one.
The violation was reported to the South Carolina Department of Revenue ("Department") which subsequently
informed the Respondent of its intent to seek a 45-day suspension of his beer and wine permit.
The Respondent appealed the proposed fines and penalties. On August 15, 2002 the Department issued a
Final Agency Determination affirming the proposed 45-day suspension of the Respondent's beer and wine
permit. The Respondent appealed the Department's Final Agency Determination to the Administrative Law
Judge Division and the matter was assigned to Hon. C. Dukes Scott. Judge Scott set this matter for a hearing
on October 8, 2002. Prior to this case being heard, the Department and the Respondent reached a settlement
and agreement to resolve this matter based on the following terms and conditions:
1. The Respondent admits to having committed a violation of S.C. Code of Regulations Reg. 7-9(B) on May 29,
2002 and agrees to pay a fine of $500.00 and submit to the suspension of his beer and wine permit
(#32008011-PBG) 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) (Rev. 2001) and Section 61-4-250 (Supp. 2001).
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 mater with prejudice.
____________________ _______________________
Jeffrey M. Nelson, Esq. Kenneth R. Young, Jr., Esq.
Counsel for Regulatory Litigation 23 West Calhoun Street
P.O. Box 125 Sumter SC 29150
Columbia, SC 29214 (843) 720-3184
(803) 898-5172
__________________, 2002 ___________________, 2002
IT IS SO ORDERED.
__________________________
Hon. C. Dukes Scott
Administrative Law Judge
October 7, 2002 |
