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:
DOR vs. Rainwater Gas and Oil Co., Inc. d/b/a Self-Way

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Rainwater Gas and Oil Co., Inc. d/b/a Self-Way
 
DOCKET NUMBER:
02-ALJ-17-0356-CC

APPEARANCES:
Jeffrey M. Nelson, Esq.
Counsel for Regulatory Litigation
P.O. Box 125
Columbia, SC 29214
(803) 898-5172

James H. Harrison, Esq.
500 Taylor Street
Columbia, SC 29201
(803) 256-0049
 

ORDERS:

CONSENT ORDER

This matter was instituted by a violation, SLED violation #54-02-0778, written by the South Carolina Law Enforcement Division ("SLED") against Rainwater Gas and Oil Co., Inc. d/b/a Self-Way ("Respondent") on March 25, 2002. Respondent holds a off premise beer and wine permit issued by the Department of Revenue under License Number 32010828-PBW for the Self-Way located at Bennettsville By-Pass 154 in Bennettsville, South Carolina. The Respondent was charged with a violation under South Carolina Code Ann. Section 61-4-580 and Regulation 7-9(B) for the sale of beer or wine to a person under the age of twenty-one.

The violation was reported to the South Carolina Department of Revenue ("Department") which subsequently informed the Respondent of its intent to seek a 45-day suspension of its beer and wine permit.The Respondent appealed the proposed fines and penalties. On July 25, 2002 the Department issued a Final Agency Determination affirming the proposed 45-day suspension of the Respondent's beer and wine permit. The Respondent appealed the

Department's Final Agency Determination to the Administrative Law Judge Division and the matter was assigned to Hon. Ralph K. Anderson, III. Judge Anderson set this matter for a hearing on January 29, 2003. Prior to this case being heard, the Department and the Respondent reached a settlement and agreement to resolve this matter based on the following terms and conditions:

1. The Respondent admits to having committed a violation of S.C. Code of Regulations Reg. 7-9(B) on March 25, 2002 and agrees to pay a fine of $2,500.00 and submit to the suspension of his beer and wine permit for a period of 10 days; commencing on a date to be agreed upon by the parties within thirty (30) days of the signing of this Order.

2. In consideration for the Respondents agreement to pay and submit to the aforesaid fines and penalties, the Department waives any remaining fines or additional penalties in this matter.

3. The parties agree that this agreement constitutes a final settlement and agreement between them of this violation and is entered by the Department under the authority granted to it by S. C. Code Ann. Section 12-4-320(3) (Rev. 2002) and Section 61-4-250 (Supp. 2002).

Having reviewed this Consent Order, and finding the terms and conditions set



forth herein to be fair and equitable, I hereby Order its adoption and dismiss the petition



in this mater with prejudice.





















____________________ _______________________

__________________, 2003 ___________________, 2003





IT IS SO ORDERED.





__________________________

Hon. Ralph K. Anderson, III

Administrative Law Judge





February 7, 2003


Brown Bldg.

 

 

 

 

 

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