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 February 5, 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 29, 1998, the parties resolved the matter. Their
agreement is incorporated in this consent order and is set forth below.
1. Respondent admits that on February 5, 1998, at 200 Knox Abbott Drive, Cayce, 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 to begin a forty-five
day suspension of its permit on November 16, 1998. Respondent also agrees to install a device to
prevent underage purchase of alcohol. The use of the device is required when an alcohol sale is
initiated at the cash register. The store clerk is then required to insert the driver's license in the
device. The device reads the magnetic code on the license to identify the purchaser's birth date. The
device also provides a visual display of the birth date to the store clerk. Such device will be installed
at this location and fully operational no later than April 1, 1999.
3. The Department accepts the terms as set forth above in full and final settlement of
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.
ALISON RENEE LEE
Administrative Law Judge
November 17, 1998
WE SO CONSENT:
______________________
Carol I. McMahan
Attorney for Petitioner
______________________
James H. Harrison
Attorney for Respondent |
