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 |