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. Paul D. Sanders, d/b/a Fats at the Warehouse

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Paul D. Sanders, d/b/a Fats at the Warehouse
 
DOCKET NUMBER:
04-ALJ-17-0191-CC

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

G. Scott Bellamy, Esq.
Attorney for the Respondent
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Paul D. Sanders, d/b/a Fats at the Warehouse, located at 104 Laurel Street, Conway, SC, 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” and by “permitting the possession of liquor by a person under twenty-one.” Prior to a hearing on this matter, the parties reached a settlement in resolution of the issues.

The parties stipulate that an additional regulatory violation, SLED case #54-04-0523, occurring on or about March 6, 2004, is currently pending against the licensee for violation of 23 S.C. Code Ann. Regulation 7-200.4 (Supp. 2003) for permitting possession of beer by a person under twenty-one. The parties further agree that this order shall include the resolution of the contested case pending before the Administrative Law Court and the above referenced violation pending at the Department of Revenue. The provisions of the agreement are incorporated in this Order and are as set forth below:

1.Paul D. Sanders d/b/a Fats at the Warehouse admits that it violated Regulation 7-200.4 at its licensed location at the above address on January 22, 2004 and March 6, 2004. These constitute the third and fourth violations against the licensee in the past three years. For these violations, Paul D. Sanders d/b/a Fats at the Warehouse agrees to remit a fine in the amount of two thousand and five hundred dollars ($2500.00) no later than Monday, September 13, 2004 to the Department. Paul D. Sanders d/b/a Fats at the Warehouse further agrees to serve a suspension of its beer and wine permit and minibottle license at this location for a period of thirty (30) days. Paul D. Sanders d/b/a Fats at the Warehouse will surrender its permit to the Department to begin service of the suspension on Monday, September 13, 2004. The suspension will run continuously from day to day until the thirty (30) day suspension has been served.

2.In consideration of the above and the hazards of litigation, the Department accepts the above in full satisfaction of the above referenced violations. Further, the parties freely and voluntarily entered into this agreement and understand that this constitutes the full and final resolution of these violations and such are resolved with prejudice.

I find the agreement to be fair and equitable and will approve such agreement and hereby order its adoption. 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 Carolyn C. Matthews

Administrative Law Judge


Brown Bldg.

 

 

 

 

 

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