ORDERS:
ORDER
This matter came before the South Carolina Department of Revenue ("Department") from an appeal by the Respondent of
two Violation Reports issued by the South Carolina Law Enforcement Division ("SLED") against the Respondent for
alleged violations of the South Carolina Alcoholic Beverage Control Act.
The Respondent appealed a violation report issued by the Department alleging violations by the Respondent under 23 South
Carolina Code Ann. Regs. 7-9(B) (permitting purchase of beer by a person under the age of 21). This charge was made
against the Respondent's beer and wine permit, license number BG155387.
Specifically, the Respondent is the owner and licensee of "Best Stop #39" located in Richburg, South Carolina. On
October 19, 1999, Special Agent Stacey Snow of the South Carolina Law Enforcement Division's Alcohol Enforcement
Unit conducted an investigation of the Respondent's business. An 18 year old cooperating individual was sent into the
business by Agent Snow. While inside the location, the UCI purchased a 24 ounce can of Icehouse beer for $1.16 from the
clerk, Christine Booth. The clerk failed to ask the UCI for proof of his age. The UCI exited the location, whereupon Agent
Snow entered the location and cited the Respondent.
Thereafter, on January 26, 2000 Agent Snow again conducted an investigation of this same location. On that date, Agent
Snow sent a 19 year old UCI into the location to again attempt to purchase beer. The UCI entered the location and
purchased six 12 ounce cans of Busch Light beer from the clerk, again Ms. Christine Booth, for which he paid $4.34. The
clerk failed to ask for identification from the UCI of his age. Upon exiting the location, the UCI met Agent Snow, turned
over the beer which he had purchased at the location, and informed him of the the purchase. Agent Snow entered the
location along with the UCI, who identified Ms. Booth as the clerk who had sold him the beer, and issued a citation to the
location for violating Regulation 7-9(B).
The violations at issue in this matter are the third and fourth at this location in a period of three years. Under Revenue
Procedure 95-7, the appropriate penalty is a permanent revocation of the location's beer and wine permit.
A hearing was scheduled in the current matter before the Administrative Law Judge Division on July 18, 2000. Prior to that
date, the parties reached a settlement and compromise of the matter on the following terms and conditions:
1. The Respondent admits to the violations of October 19, 1999 and January 26, 2000.
2. The Respondent further agrees to pay a fine of $1,500.00 to the Department. The Respondent agrees to make payment
of this fine to the Department within thirty (30) days of the date of this Order.
3. The Respondent further agrees to a thirty (30) day suspension of it's beer and wine permit, Number BG155387,
beginning on September 5, 2000 and running through October 5, 2000.
4. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1999), to waive any remaining fines or
penalties previously sought for these violations.
5. The Respondent understands and agrees that this settlement and agreement does not affect or resolve any additional
pending or future violations of the Alcohol Beverage Control Act or Video Gaming Machines Act not specifically referred to
in this Order or any other provisions, responsibilities, or liabilities which the Respondent has under South Carolina law.
6. This Agreement and Compromise constitutes a final resolution of the issues stated herein between the parties and is
entered by the Department under the authority granted to it under S. C. Code Ann. Section 12-4-320(3) (Supp. 1999).
Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter
with prejudice.
_________________________ _______________________
Jeffrey M. Nelson, Esq. Brian M. Gibbons, Esq.
Counsel for Regulatory Litigation Attorney for the Respondent
P.O. Box 125 P.O. Drawer 808
Columbia, SC 29214 Chester, SC 29706
(803) 737-4426 (803) 581-2211
_____(July 12)____, 2000 _____(July 18)_____, 2000
IT IS SO ORDERED
__________________________
Hon. John D. Geathers
Administrative Law Judge
_____(July 24)________, 2000 |
