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:
South Carolina Department of Revenue vs. Mitchell Reid, d/b/a Mercedes

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Mitchell Reid, d/b/a Mercedes

Intervenors:
The City of Columbia and GNG Pizza, Inc.
 
DOCKET NUMBER:
99-ALJ-17-0260-IJ

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated on May 17, 1999, by the South Carolina Law Enforcement Division's (SLED) issuance of two citations against Respondent for a violation of S.C. Code Section 61-4-580(5)(Supp. 1998), "permitting a public nuisance." SLED issued these violations based on numerous complaints and criminal activities generated from Respondent's licensed location, "Club Mercedes," located at 1128B Devine Street, Columbia, South Carolina. Respondent holds a beer and wine permit and a minibottle license for this location. On May 18, 1999, the South Carolina Department of Revenue (Department) issued a Final Determination on these citations seeking revocation of Respondent's beer and wine permit (BW 073595) and minibottle license (SB 073596). Due to the nature of the activities at this location, the Department also filed a motion to summarily suspend Respondent's licenses pending a hearing on the merits of permanent revocation. By order of this Court dated May 18, 1999, the licenses were suspended pending a hearing on the merits to be held on May 25, 1999. Also by order of this Court, the City of Columbia and GNG Pizza, Inc. were granted leave to intervene in this matter. Prior to the hearing Respondent agreed to the revocation of his licenses as follows:

1. Respondent admits he holds alcohol licenses BW 073595 and minibottle license SB 073596 for the location doing business as "Mercedes" located at 1128B Devine Street, Columbia, South Carolina. Respondent admits receiving the citation issued by SLED on May 17, 1999 and the Department's final determination seeking revocation of his licenses for a violation of Section 61-4-580(5), "public nuisance."

2. For the violations issued May 17, 1999, Respondent agrees to the revocation of his minibottle license (SB 073596) and his beer and wine license (BW 073595). Respondent has surrendered these licenses to the Department today, May 24, 1999.

3. In consideration of the above, the Department and all intervenors accept the revocation and surrender of Respondent's alcohol licenses to the Department in full and final resolution of the citations issued on May 17, 1999.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This Court retains continuing jurisdiction to enforce this Order. As the parties no longer requires a hearing on this matter, I hereby Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



_______________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge



May 25, 1999



WE SO CONSENT:





By: ______________________

Carol I. McMahan

Attorney for Petitioner





By: ______________________

Robert G. Cooper

Attorney for City of Columbia





By: ______________________

Thomas B. Pollard, Jr.

Attorney for GNG Pizza, Inc.





By: _______________________

Mitchell Reid

Respondent


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