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. Molly Baker/FBH Inc., d/b/a Beaufort General Store

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Molly Baker/FBH Inc., d/b/a Beaufort General Store
 
DOCKET NUMBER:
99-ALJ-17-0639-CC

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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