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. Piedmont Convenience, Inc

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Piedmont Convenience, Inc
 
DOCKET NUMBER:
04-ALJ-17-0059-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Steve Balltrip, President
Piedmont Convenience, Inc.
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Piedmont Convenience, Inc. (Piedmont), located at 1706 Boiling Springs Road, Boiling Springs, South Carolina, had violated 23 S.C. Code Ann. Regulation 7-200.4 (Supp. 2003), by “permitting the purchase of beer by a person under the age of twenty-one.” Prior to a hearing, the parties resolved the matter. That agreement is incorporated into this consent order as set forth below.

1.Piedmont admits that it violated Regulation 7-200.4, at its licensed location at the above referenced address, on September 1, 2003. For this violation Piedmont agrees to remit a check in the amount of $2500.00, payable to the Department as noted below.

2.Piedmont further agrees to serve a suspension of its beer and wine permit at this location for a period of ten days. Piedmont agrees to surrender its permit to the Department on April 10, 2004, by federal express, to begin the service of such suspension. The permit and a check in the amount of $2500.00 will be sent to the follwing:

South Carolina Department of Revenue

Attn: Jody Plyler

Regulatory Division, 2nd Floor

301 Gervais Street

Columbia, S.C. 29214

3.Piedmont further agrees to serve this suspension beginning on April 10, 2004, serving it continuously from day to day until the suspension is served in its entirety. Further, Piedmont agrees that it will not lease, sublease, sell or otherwise transfer this location, its personalty, realty, gas supplier contracts, etc., to a related or unrelated person and or entity, until the completion of the service of the agreed upon ten day suspension.

4.Piedmont further agrees to contact John Kirkland of the South Carolina Law Enforcement Division within ten days of the date of this Order, to schedule alcohol-server quarterly training for a period of one year, for the employees at location at issue.

5.In consideration of the above and because of the policies and procedures that Piedmont had in place at the location at the time of the violation the Department accepts the above in satisfaction of Piedmont’s third violation (within a three year period) at this location on September 1, 2003.

Further, the parties freely and voluntarily entered into this agreement. The parties agree that this 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 agreement, and hereby Order its adoption. I also Order this matter Resolved With Prejudice.

AND IT IS SO ORDERED.

________________________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE

April 12, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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