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. Regs. 7-9(B) (Supp. 1997),
"knowingly permitting the purchase of beer by a person under the age of twenty-one (21) on October 22, 1998 and January
7, 1999. The Department issued its Final Determinations finding such violations and is seeking a forty-five (45) day
suspension of Respondent's beer and wine permit for the October 22 violation and revocation of the beer and wine permit
for the January 7, 1999 violation.
Prior to the hearing, the parties resolved the matter. Their agreement is incorporated in this Consent Order and is set forth
below:
1. Respondent admits that on October 22, 1998 and January 7, 1999, at 6114 Bush River Road, Columbia, South Carolina,
its employee violated Regs. 7-9(B) by permitting the purchase of beer by an individual under the age of twenty-one (21).
2. Respondent further agrees that for these violations, it will surrender its beer and wine permit to the Department to begin
two (2) forty-five (45) day suspensions, to run consecutively, beginning September 19, 1999 and ending midnight on
December 17, 1999. 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 December 17, 1999.
3. The Department accepts the terms as set forth above in full and final settlement of these violations.
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 in this matter, I hereby order
its DISMISSAL WITH PREJUDICE.
AND IT IS SO ORDERED.
______________________________
Honorable C. Dukes Scott
Administrative Law Judge
September 16, 1999
WE SO CONSENT:
________________________________
Carol I. McMahan, Esquire
Counsel for Petitioner
________________________________
James H. Harrison, Esquire
Counsel for Respondent |
