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. Worsley Operating Corporation, d/b/a Scotchman 98

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Worsley Operating Corporation, d/b/a Scotchman 98
 
DOCKET NUMBER:
03-ALJ-17-0462-CC

APPEARANCES:
Leonard P. Odom
Counsel for Revenue Litigation
P.O. Box 125
Columbia, SC 29214
(803) 898-5130
Attorney for Petitioner

David S. Cobb
Turner, Padget, Graham & Laney, P.A.
P.O. Box 22129
Charleston, SC 29413
(843) 576-2803
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (“Department”) initiated this matter by issuing a Final Determination that held that Worsley Operating Corporation, d/b/a Scotchman 98 (“Scotchman”), located at 1201 Remount Road, North Charleston, South Carolina, violated 23 S.C. Code Ann. Regs. 7-9(B) (Supp. 2003), by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to a hearing on this matter, the parties resolved the issues. That agreement is incorporated into this Consent Order as follows:

1.Scotchman admits that it permitted a person under the age of twenty-one to purchase beer from its licensed location at the above address on May 15, 2003. For this violation, Scotchman agrees to serve a suspension of its beer and wine permit at this location for a period of forty-five (45) days. Scotchman will surrender its permit to the Department to begin service of the suspension on March 1, 2004. The suspension will run continuously from day to day until the forty-five (45) day suspension has been served.

2.The Department accepts the terms herein in full satisfaction of Scotchman’s violation at issue here. Further, the parties freely and voluntarily entered into this agreement. The parties agree that this agreement constitutes the full and final resolution of this violation and such is resolved with prejudice.

I find this agreement to be fair and equitable, approve such settlement, and hereby Order its adoption. This Division retains continuing jurisdiction to enforce this Order. As Petitioner no longer requires a hearing on this matter, I also Order this matter RESOLVED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667


March 8, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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