ORDERS:
CONSENT ORDER
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Agency Determination finding that Worsley Operating
Corporation, d/b/a Scotchman 17, located at 1411 Black River Road in
Georgetown, South Carolina, violated 23 S.C. Code Ann. Regulation 7-200.4
(Supp. 2005) by permitting the purchase of beer by a person under twenty-one
years of age on the licensed premises. Worsley Operating Corporation, d/b/a
Scotchman 17 (hereinafter “Scotchman”) holds an off premises consumption beer
and wine permit pursuant to permit number 32012927-PBW. Prior to the hearing
scheduled for Tuesday, November 21, 2006, the parties reached a resolution of
this matter. The provisions of the agreement are incorporated in this Order as
set forth below:
1. Worsley Operating Corporation, d/b/a Scotchman 17 admits that it
knowingly violated Regulation 7-200.4 by permitting the purchase of beer by a
person under the age of twenty-one at its above licensed location on February
28, 2006.
2. For this violation, the Scotchman agrees to serve a fifteen (15) day
suspension of its beer and wine permit and pay a fine of $2500. This
suspension shall begin on Monday, November 27, 2006, and run continuously from
day to day through Monday December 11, 2006.
3. Further, Scotchman agrees to pay a fine in the amount of two thousand
five hundred dollars ($2500) to the Department before the end of the suspension
period.
4. In consideration of the policies and procedures and the training
received by the offending employee prior to the violation occurring, the
Department accepts the above provisions in full satisfaction of the pending
violation. This agreement encompasses only the violation occurring on February
28, 2006 and does not purport to include any alleged prior violations or any
subsequent violations that may occur
The
parties freely and voluntarily entered into this agreement and agree that this
Order constitutes the full and final resolution of this violation. Failure to
comply with the specific terms set forth herein will result in the imposition
of the original penalty as set forth in the Department’s Final Determination
dated July 26, 2006.
Accordingly,
I find the agreement to be fair and equitable and will approve such agreement,
and hereby order its adoption. This Court 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.
________________________________
The
Honorable Ralph King Anderson, III
Administrative
Law Judge
November 13, 2006
Columbia, South Carolina
WE SO CONSENT:
_________________________________ ________________________________
Lynn M. Baker, Esq. David
S. Cobb, Esq.
Attorney for SC Department Attorney
for Worsley Operating Corporation
of Revenue d/b/a
Scotchman 17
November 9, 2006 October
26, 2006 |
