ORDERS:
CONSENT ORDER
ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE
This matter comes before me on the citation issued by the Department of Revenue and
Taxation against Respondent for violation of S.C. Code Ann. §§ 61-13-210 and 61-13-220 (Supp.
1994) for possession and unlawful storage of non-taxed liquor.
Prior to a hearing on the matter, the parties reached an agreement resolving this matter, and
that agreement is incorporated into this Order.
1. Charly Benassayag agrees to pay a monetary fine of $9,600 to the South Carolina
Department of Revenue and Taxation for taxes owed on 480 mini-bottles of liquor that were
purchased free of state taxes.
2. In return for said consideration, the South Carolina Law Enforcement Division, the
Beaufort County Sheriffs Department, and the United States Naval Criminal Investigative Service
agree to refrain from actively seeking the revocation of the beer and wine permit and/or the sale
and consumption (mini-bottle) license held by Charly Benassayag.
3. Charly Benassayag agrees to voluntarily surrender possession of his beer and wine
permit and his sale and consumption license within seven (7) days of the date of this Order.
4. Mr. Benassayag agrees to pay the amount of $9,600 within seven (7) days of the
date of this Order.
Upon motion of the Petitioner, by and with the consent of the Respondent, it appearing to
this division that the parties have resolved the dispute which gave rise to this case, it is ordered
that this case be and it hereby is dismissed upon the payment by Respondent to the Department of
Revenue and Taxation the sum of $9.600.
AND IT IS SO ORDERED.
_____________________________________
JOHN D. GEATHERS
Administrative Law Judge
We So Move:
________________________________
Arlene D. Hand
Counsel for Regulatory Litigation
S.C. Department of Revenue and Taxation
P.O. Box 125
Columbia, SC 29214
(803) 737-4424
We Consent:
__________________________________
Kenneth E. Allen
Attorney at Law
1201 Main Street, Suite 1980
Columbia, SC 29201
(803) 734-6407 |
