ORDERS:
CONSENT ORDER
THIS MATTER came before the tribunal on a motion to vacate, alter or amend an earlier
final decision and reopened this matter for hearing. In the interim, the parties have come to a consent
agreement for the relief described below. This matter was originally initiated by the South Carolina
Department of Revenue upon citations for violation of S.C. Code Ann. § 61-6-2600(4) (Supp. 1996).
A previous hearing was held on this matter on October 16, 1997, at which time the Petitioner was
represented by Arlene D. Hand, Esquire. The Respondent was represented pro se but failed to appear
at that hearing. The final decision was rendered on October 24, 1997, granting the relief prayed for
by the South Carolina Department of Revenue and thereby revoking the sale and the consumption
license and the on-premise beer and wine permit, as well as levying a $1,000 fine. Subsequent to
that date, the motion to vacate alter or amend was filed by the Respondent by H.W. Pat Paschal, Jr.,
as counsel and as a member of the Greenville Bar. The motion was based upon an allegation of
excusable neglect in the absence of the Respondent at the hearing.
It appears to this Court now that the parties have stipulated certain facts and now consent as
to what relief should be ordered. Accordingly, the parties stipulate the following facts.
1. That the findings of fact made in the final Order dated October 24, 1997, are correct
and hereby reaffirmed.
2. The absence of the Respondent at that hearing due to being informed by her then
counsel that the matter had been continued, that the Respondent's absence was accordingly
excusable.
3. That the Respondent did violate S.C. Code Ann. § 61-2-2600 by having for sale 124
mini bottles with seals broken as described to the findings of fact of the Order of October 24, 1997.
4. That the parties agree that the appropriate sanctions and punishment for this violation
is as follows:
A. A 45-day suspension of license beginning on the date the license was
surrendered (November 7, 1997).
B. That upon the end of the 45-day suspension, the license and all privileges
thereto will be restored.
C. That the Respondent will pay the total amount of $2,000 and this amount
represents the following:
(i) $1,000 fine for the violation.
(ii) $1,000 in lieu of revocation pursuant to S.C. Code Ann. § 61-6-4270 (Supp. 1996).
a. That upon the end of the 45-day suspension, both the sale and
consumption license and the on-premise beer and wine permit
be restored with all rights thereto.
THEREFORE, it is ordered:
1. That the sale and consumption license and on-premise beer and wine permit be
revoked and suspended for a period of 45 days, said suspension having commenced on November
7, 1997.
2. That the Respondent shall pay to the Department a fine in the amount of $1,000 and
in addition, $1,000 in lieu of revocation within 30 days of the date of this Order.
3. That the tribunal retains jurisdiction to assist the Department in collecting the fine,
if required;
4. That agents of SLED shall, upon the end of the suspension of the 45 days, return the
license as described above.
AND IT IS SO ORDERED.
MARVIN F. KITTRELL
Chief Judge
WE SO MOVE:
H. W. Pat Paschal, Jr.
Attorney for the Respondent
WE CONSENT:
Arlene D. Hand
Attorney for the S.C. Department of Revenue
Columbia, South Carolina.
Dated: December 16, 1997 |
