South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Ronald I. Paul, d/b/a Midnight Lounge

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Ronald I. Paul, d/b/a Midnight Lounge
 
DOCKET NUMBER:
95-ALJ-17-0125-CC

APPEARANCES:
For the Petitioner: Nicholas P. Sipe, Esquire

For the Respondent: Ken Allen, Esquire
 

ORDERS:

ORDER

This matter is before the Division pursuant to the motion of the Petitioner, South Carolina Department of Revenue and Taxation (DOR), for a summary Order suspending the beer and wine permit of the Respondent, Ronald I. Paul d/b/a Midnight Lounge, pursuant to S. C. Code Ann. §1-23-370(c) (1986). The grounds for the Petitioner's motion were that the Respondent had permitted numerous violent incidents at the licensed premises, located at 2305 Taylor Street, Columbia, South Carolina, which created a public nuisance and endangered the public safety.

A hearing was held on March 9, 1995, after notice to all parties. Prior to the hearing, the parties reached a resolution of the issues. Pursuant to their agreement, which was recited on the record, the Respondent will voluntarily and permanently surrender his beer and wine permit on Monday, March 13, 1995, by 5:00 P.M., at the offices of DOR. The Respondent further agreed that if any violent incidents, involving bodily harm or the discharge of a weapon, occur at the licensed premises prior to March 13, 1995, the City of Columbia Police may close the licensed premises immediately. The Respondent testified that he entered into the agreement freely and voluntarily, without coercion; and that he was satisfied with the representation of his attorney.

Therefore, pursuant to the foregoing agreement of the parties, it is hereby

ORDERED that the Respondent, Ronald I. Paul d/b/a Midnight Lounge, surrender his beer and wine permit for 2305 Taylor Street at the offices of the South Carolina Department of Revenue and Taxation, before 5:00 P.M. on Monday, March 13, 1995. It is further ordered that, if any violent incidents involving bodily harm or the discharge of a weapon occur at the licensed premises prior to the surrender of the permit, the City of Columbia Police may immediately close the licensed premises.

AND IT IS SO ORDERED.



___________________________________

Marvin F. Kittrell

Chief Administrative Law Judge

Columbia, South Carolina

March _______, 1995


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