ORDERS:
CONSENT ORDER
This matter was initiated when the South Carolina Law Enforcement Division (SLED) issued
three citations against Respondent for violation of the Alcoholic Beverage Control Laws. On
January 22, 1997, Respondent was cited fore being in possession of liquor in containers larger than
2 ounces in violation of S.C. Code Ann. Section 61-6-2600 (Supp. 1996); failure to destroy empty
containers in violation of S.C. Code Ann. Reg. 7-13 (1976); and refilling mini-bottles in violation
of S. C. Code Ann. Section 61-6-2600 (4) (Supp. 1996). A Final Department Determination was
issued sustaining the imposition of the violations. The determination sought a tax in the total amount
of $1,800 and 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. Regarding the violation for filling mini-bottles to avoid payment of taxes,
Respondent agrees to the permanent revocation of his sale and consumption (mini-bottle) license and
his on-premise beer and wine permit.
2. Regarding the violation for possession of liquor in containers larger than 2 ounces,
Respondent agrees to pay a tax of $400.00.
3. Regarding the violation for failure to destroy empty containers, Respondents agrees
to pay a tax of o$400.00.
4. Respondent agrees to remit to the Department of Revenue the total tax due ($800.00)
no later than 5:00 p.m. ten days from the signing of this Order. If payment is not remitted the
Petitioner may assess the taxes against him.
5. In consideration of the above, the Department of Revenue waives the tax of $1,000.00
for refilling of mini-bottles to avoid payment of taxes.
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 29, 1998
Columbia, South Carolina
WE CONSENT:
Arlene D. Hand
Counsel for Regulatory Litigation
Attorney for Petitioner
L. Lesesne Hendricks, Jr.
Attorney for Respondent
NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, ARLENE D. HAND.
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