ORDERS:
CONSENT ORDER
This matter came before the Court from an appeal of the Respondent Rainwater Gas and
Oil, Inc. of a Violation Report issued by the South Carolina Law Enforcement Division
("SLED") and subsequent Final Agency Determination by the Petitioner South Carolina
Department of Revenue (Department) against the Respondent for a violation of 23 South
Carolina Code of Regulations Reg. 7-9(B) on or about May 24, 1999. The citation issued to Respondent on that date was
for a violation 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. Specifically,
SLED and the Department found that an employee of the Respondent sold a 12 ounze can of Budweiser beer to a 18 year
old on the evening of May 24, 1999. Based on previous violations
by this Licensee on September 9, 1997 and May 1, 1999, the Department initially sought a revocation of the Respondent's
beer an wine permit. Respondent appealed and sought a hearing before the Administrative Law Judge Division.
A hearing was scheduled in this matter before the Court on April 14, 2000. Prior to the hearing, an agreement was reached
between the parties resolving this matter on the following
terms and conditions:
1. The Respondent agrees to pay a fine of $1,000.00 and to make payment of the fine to the Department within 15 days of
the date of this Order.
2. The Respondent further agrees to the voluntary suspension of its beer and wine (License Number BG-924211) for a
period of twenty (20) days, commencing on April 24, 2000 and expiring on May 14, 2000.
3. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp.
1999) to waive any further or additional penalties or fines sought in the administrative violation report and Final Agency
Determination. The Department's agreement to this compromise is
based in part on evidence presented to the Department by the Respondent of new programs and increased efforts to restrict
the sale of beer and wine to minors by its empoyees. Respondent has additionally agreed to the voluntary installation of
new register machines intended to restrict the ability of Respondent's employees to sell beer and wine without requiring the
purchaser to show proof of age.
4. The Respondent understands that any future violations of Section 61-4-580(1) and Reg. 7-9(B) may result in the
permanent revocation of his beer and wine permit.
Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective
counsel regarding the terms therof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.
____________________________ ______________________
Jeffrey M. Nelson, Esq. James H. Harrison, Esq.
Counsel for Regulatory Litigation Attorney for the Respondent
P.O. Box 125 1819 Hampton Street
Columbia, SC 29214 Columbia, SC 29201
AND IT IS SO ORDERED.
JOHN D. GEATHERS
Administrative Law Judge
Columbia, South Carolina
May 18, 2000 |
