ORDERS:
ORDER FOR CONSOLIDATION AND CONSENT ORDER
These cases came before the Court from two appeals by the Respondent, FBH, Inc. of two Violation Reports issued by the
South Carolina Law Enforcement Division ("SLED") on April 30, 1999 and December 19, 1999 against the Respondent for
two separate violations on those dates of South Carolina Code Ann. Section 61-4-580(1) and South Carolina Code of
Regulations Reg. 7-9(B). The citations issued to Respondent on those dates were for violations of that provision of the law
prohibiting the holder of a beer and wine permit from selling beer or wine to a person under the age of 21. These were the
third and fourth violations on the Respondent's beer and wine permit during a three year period; the previous violations
having occurred on October 18, 1997 and June 27, 1998. Based on these previous violations, the Petitioner South Carolina
Department of Revenue ("Department") sought a 45 day suspension of the Respondent's beer and wine permit in case 99-ALJ-17-0639-CC and a permanent revocation of the Respondent's beer and wine permit in case 00-ALJ-17-0184-CC.
A fifth violation against the Respondent, SLED case number 54-99-1582, is additionally pending with the Department.
Respondent appealed the Department's findings in all three cases and has sought hearings before the Administrative Law
Judge Division.
In the interests of judicial economy, and for the purpose of this Order, the parties to these actions consent, and the Court
hereby Orders, the consolidation of these cases.
A hearing was scheduled in case 99-ALJ-17-0639-CC before the court on April 17, 2000. Prior to the hearing in this first
case, an agreement was reached between the parties resolving both of the above captioned cases on the following terms and
conditions:
1. The Respondent FBH, Inc. agrees to a permanent revocation of its beer and wine permit, license number BG966346, and
to surrender this permit to an officer of the South Carolina Law Enforcement Division or to the Department of Revenue
within thirty (30) days of the signing of this Order.
2. The Respondents Molly Baker and FBH, Inc. further agree and affirm that they shall not have any interest, either personal
or through any corporation, organization, partnership or other entity which may seek a beer and wine or sale and
consumption license for the business located at 1300 Boundary Street, Beaufort, South Carolina.
3. The entry of this Order and permanent revocation of the Respondent's license does not prohibit any third parties who
currently have no interest in the business at this location from applying with the Department for permits or licenses for this
location.
4. The Respondents further stand and consent to the statutory prohibition on otheir ability to apply for, or be ussed by the
Department, any beer and wine license or permit for a period of two years from the date of the entry of this Order under the
provisions of S.C. Code Ann. Section 61-4-520(4).
5. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1999) to waive any additional or
remaining fines or penalties sought in the administrative violation reports and Final Agency Determinations issued in these
two casese and SLED violation #54-99-1582.
Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption and the revocation of Permit
BG966346.
Jeffrey M. Nelson, Esq. J. Brent
Kiker, Esq.
Counsel for Regulatory Litigation Kiker & Douds, P.A.
P. O. Box 125 Counsel for the Respondent
Columbia, SC 29214 P. O. Box 2481
(803) 737-4426 Beaufort, SC 29901
(843) 784-2054
IT IS SO ORDEROED.
RAY N. STEVENS
Administrative Law Judge
June 9, 2000
Columbia, South Carolina |