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. Winnsboro Petroleum Co., Inc., d/b/a Pantry Express 530

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Winnsboro Petroleum Co., Inc., d/b/a Pantry Express 530
 
DOCKET NUMBER:
04-ALJ-17-0078-CC

APPEARANCES:
Lynn M. Baker, Esq.
Attorney for Petitioner

Catherine S. Hendrix, Esq.
Attorney for Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Winnsboro Petroleum Co., Inc., d/b/a Pantry Express 530, located at Highway 321 Bypass, Winnsboro, SC, 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 on this matter, the parties reached a settlement in resolution of the issues. The provisions of the agreement are incorporated in this Order and are as set forth below:

1.Pantry Express 530 admits that it violated Regulation 7-200.4 at its licensed location at the above address on December 4, 2003. For this third violation in three years, Pantry Express agrees to remit a fine in the amount of two thousand and five hundred dollars ($2500.00) no later than Friday, April 30, 2004 to the Department. Pantry Express 530 also agrees to serve a suspension of its beer and wine permit at this location for a period of ten (10) days. Pantry Express 530 will surrender its permit to the Department to begin service of the suspension on Tuesday, April 20, 2004. The suspension will run continuously from day to day until the ten (10) day suspension has been served.

2.In consideration of the above and based on the procedures, policies and other processes that Pantry Express 530 had in place at the location at the time of the violation, the Department accepts the above in full satisfaction of this violation. 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 and will approve such agreement and hereby order its adoption. The Administrative Law Judge Division retains continuing jurisdiction to enforce this Order. As Respondent no longer requires a hearing on this matter, I also order this matter resolved with prejudice.

AND IT IS SO ORDERED.




_________________________________

C. Dukes Scott

Administrative Law Judge


April 19, 2004

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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