ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent John P. Buff of a Violation
Report issued by the South Carolina Law Enforcement Division ("SLED") and subsequent Final Agency
Determination by the Petitioner South Carolina Department of Revenue ("Department") against the
Respondent for a violation of the South Carolina Code Ann. Section 61-4-580(1) and South Carolina
Code of Regulations Reg. 7-9(B) on or about December 11, 1997. The citation issued to Respondent on
that date was for a violation of that provision of the law prohibiting the holder of a beer and wine permit
from selling beer or wine to a person under the age of 21. Specifically, SLED and the Department found
that an employee of the Respondent sold a six pack of beer to a 19 year old on the evening of December
11, 1997. Based on previous violations by this Permittee on August 29, 1995 and May 27, 1997, the
Department sought a 45 day suspension of the Respondent's beer and wine permit. Respondent appealed
and sought a hearing before the Administrative Law Judge Division.
A hearing was scheduled in this matter before the Court on August 27, 1998. Prior to the hearing,
an agreement was reached between the parties resolving this matter on the following terms and
conditions.
1. The Respondent agrees to pay a fine of $1,000.00 and to make payment of the fine to the
Department within 15 days of the date of this Order.
2. The Respondent further agrees to the voluntary suspension of its beer and wine (License
Number BG-908393) for a period of twenty (20) days, commencing upon the date of the signing of this
agreement by the parties' representatives.
3. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1997)
to waive the remaining period of suspension sought in the administrative violation report and Final
Agency Determination. The Department's agreement to this compromise is based in part on evidence
presented to the Department by the Respondent of new programs and increased efforts to restrict the sale
of beer and wine to minors by its employees.
4. The Respondent understands that any future violations of Section 61-4-580(1) and Reg.
7-9(B) may result in the permanent revocation of his beer and wine permit.
Having reviewed this agreement and settlement in compromise, and having questioned the parties
or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the
Petition in this matter with prejudice.
Jeffrey M. Nelson, Esq. James H. Harrison, Esq.
Counsel for Regulatory Litigation Attorney for the Respondent
P. O. Box 125 1819 Hampton Street
Columbia, SC 29214 Columbia, SC 29201
(803) 737-4426 (803) 256-0049
IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
August 6th, 1998
Columbia, South Carolina |
