ORDERS:
ORDER OF DISMISSAL
The parties have submitted a Consent Order in this matter. Therefore, since there are no issues remaining for adjudication, the
hearing scheduled for Monday, December 18, 2000, is canceled.
IT IS HEREBY ORDERED that this case is dismissed with prejudice.
AND IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
December 14, 2000
Columbia, South Carolina
STATE OF SOUTH CAROLINA
ADMINISTRATIVE LAW JUDGE DIVISION
South Carolina Department of Revenue,
Petitioner,
vs.
Mary Ann Ferguson, d/b/a The Garden
Grill,
Respondent. |
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CONSENT ORDER
DOCKET NO. 00-ALJ-17-0349-CC |
This case came before the Court from an appeal by Mary Ann Ferguson ("Respondent") of a Violation Report issued by the South
Carolina Law Enforcement Division ("SLED") on February 9, 2000, against the Respondent for a violation of South Carolina Code
Ann. Regs. 7-9(B). 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. This was the first violation on the
Respondent's beer and wine permit. The Petitioner South Carolina Department of Revenue ("Department") sought a $400.00 fine
against the Respondent for this violation. Respondent appealed the Department's findings and sought a hearing before the
Administrative Law Judge Division.
A hearing was scheduled in this case before the Court on December 18, 2000. Prior to the hearing in this first case, an agreement was
reached between the parties resolving this matter on the following terms and conditions:
1. The Respondent Mary Ann Ferguson d/b/a The Garden Grill agrees to surrender its beer and wine permit, license number
32005249-PBW, and to surrender this permit to an officer of the South Carolina Law Enforcement Division or to the Department of
Revenue within thirty (30) days of the signing of this Order.
2. The entry of this Order and voluntary revocation of the Respondent's license does not prohibit any third parties who currently have
no interest in the business at this location from applying with the Department for permits or licenses for this location. Additionally,
the entry of this Order shall not prohibit or restrict in any manner the Respondent, Mary Ann Ferguson, from applying for any license
or permit with the Department of Revenue.
The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1999) to waive any additional or remaining fines or
penalties sought in the administrative violation report and Final Agency Determination issued in this case and SLED violation # 54-00-0333.
Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption and the voluntary revocation of Permit
BG966346.
________________________________ _______________________________________
Jeffrey M. Nelson, Esq. Ronnie L. Crosby, Esq.
Counsel for Regulatory Litigation Peters & Murdaugh, P.A.
P.O. Box 125 Counsel for the Respondent
Columbia, SC 29214 P.O. Box 457
(803)737-4426 Hampton, SC 29924-0457
(803)943-2111
IT IS SO ORDERED.
______________________________
JOHN D. GEATHERS
Administrative Law Judge
December 14, 2000
Columbia, South Carolina |
