South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Garland L. Zuber, Vice President, Li'l Cricket Food Stores, Inc, d/b/a Li'l Cricket #246

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Garland L. Zuber, Vice President, Li'l Cricket Food Stores, Inc, d/b/a Li'l Cricket #246
 
DOCKET NUMBER:
98-ALJ-17-0529-CC

APPEARANCES:
n/a
 

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 11, 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 December 2, 1998, the parties resolved the matter. Their agreement is incorported in this consent order and is set forth below.

1. Respondent admits that on March 11, 1998, at 5021 Pelham Road, Greenville, 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 the suspension period, Novemer 4, 1998, for a thirty-day suspension of such permit.

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.

___________________________

Ralph King Anderson, III

Administrative Law Judge Division

November 5, 1998

Columbia, South Carolina

WE SO CONSENT:



____________________________

Carol I. McMahan

Attorney for Petitioner





____________________________

Walter B. Todd, Jr.

Attorney for Respondent


Brown Bldg.

 

 

 

 

 

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