South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Daniel A. Houle, d/b/a First Round Draft

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Daniel A. Houle, d/b/a First Round Draft
 
DOCKET NUMBER:
98-ALJ-17-0048-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated when the South Carolina Law Enforcement Division (SLED) issued a citation against Respondent for violation of the Alcoholic Beverage Control Laws. On May 29, 1997, Respondent was cited for failure to maintain restaurant requirements in violation of 23 S.C. Code Ann. Reg. 7-19 (1976). A Final Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of the licensee's sale and consumption (mini-bottle) license and on-premise beer and wine permit.

Prior to a hearing on this matter, the parties entered into a consent agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondent agrees to pay a tax of $800.00 for this violation. This payment will be remitted to the Department of Revenue no later than 5:00 p.m., ten days from the signing of this Order.

2. The parties agree that this is a settlement of a contested matter and not an admission of wrongdoing by the licensee.

3. In consideration of the above, the Department agrees to waive the revocations sought for this violation.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce this Order. As the parties no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.







AND IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge

April 20, 1998

Columbia, South Carolina



WE CONSENT:

Arlene D. Hand

Counsel for Regulatory Litigation

Attorney for Petitioner

B. Dean Pierce

Attorney for Respondent



NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, ARLENE D. HAND


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