ORDERS:
CONSENT ORDER
This matter came before the Administrative Law Judge Division due to the
South Carolina Department of Revenue's ("Department") issuance of a citation against
Respondent for a violation of 23 S.C. Code Ann. Reg. 7-9(B) (Supp. 1997), Knowingly
Permitting Purchase of beer by a Person Under the Age of 21," on March 20, 1998. The
Department issued its Final Department Determination finding such a violation and seeking
a forty-five day suspension of Respondent's beer/wine permit.
Prior to the hearing scheduled for October 27, 1998, the parties resolved the
matter. Their agreement is incorporated in this consent order and is set forth below.
1. Respondent admits that on March 20,1998, at Fast Point Food Stores,
Inc., West Kirksey and South Main, Greenwood, South Carolina, its employee, violated
Regs. 7-9(B), by permitting the purchase of beer by an individual under the age of twenty-one.
2. Respondent further agrees, that as this is the third such violation
within a three year period, for this violation it will surrender its beer/wine permit to the
Department no later than 5:00 p.m. on Monday, November 2, 1998 for a twenty day
suspension of such permit. Respondent also agrees to remit a $1,000.00 monetary fine to
the Department within this same time frame.
3. In consideration of the above, the Department agrees to waive the
remaining penalties sought for this violation.
I find the above agreement to be fair and equitable, approve such agreement
and hereby order its adoption. The Division retains continuing jurisdiction to enforce this
Order. As the parties no longer require a hearing on this matter, I hereby order its
DISMISSAL WITH PREJUDICE.
AND IT IS SO ORDERED.
Honorable John D. Geathers
Administrative Law Judge
October 27, 1998
WE SO CONSENT:
Carol I. McMahan
Attorney for Petitioner
James H. Harrison
Attorney for Respondent |
