ORDERS:
CONSENT ORDER
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Department Determination that JCPC, L.P. (the Company) located
at 3752 Ashley Phosphate Road, North Charleston, South Carolina, had violated
S.C. Code Ann. § 61-4-580(3) (Supp. 2004) by “permitting games of chance” on
its licensed premises. Prior to a hearing on this matter, the parties resolved
the matter. That agreement is incorporated into this consent order as set
forth below:
1. The Company holds a permit that authorizes
it to sell beer and wine at the location, 3752 Ashley Phosphate Road, North
Charleston, South Carolina. On August 31, 2004, the Company permitted games of
chance on its licensed premises.
2. In resolution of this matter, the Company
agrees to pay a fine of $250.00 no later than February 3, 2006. It will remit
this payment to the following address:
South Carolina Department of Revenue
Regulatory Litigation
Attn: Chrystal Laughlin
Post Office Box 12265
Columbia, S.C. 29201
3. The Company further agrees that it will not
permit the games of chance such as the Safari machines (Safari) at issue here,
or similar games of chance, at its licensed location, 3752 Ashley Phosphate
Road, North Charleston, South Carolina, in the future.
4. The Department agrees to disregard the
present violation, except in the event the Company violates the provisions of
this agreement. That is, for purposes of any enhanced penalty provisions, in
the event a subsequent violation of S.C. Code Ann. § 61-4-580(3), permitting
games of chance or permitting gambling, occurs at this licensed location after
the date of this agreement, it is understood and agreed that one prior
violation has occurred upon the licensed premises within the last three-year
period, which began on August 31, 2004 (the date of the violation at issue).
5. The Company further understands and agrees
that this settlement does not affect or resolve any additional pending or
future violations of the alcohol regulatory provisions set forth in Title 61,
not specifically referred to in this Order or any other provisions,
responsibilities, or liabilities which the Company has under South Carolina
law.
6. This Agreement and Order constitutes a final
resolution of the issues stated herein between the parties.
7. In consideration of the above, the
Department accepts the payment and foregoing terms in satisfaction of this
matter.
8. The parties further agree that they freely
and voluntarily entered into this agreement. The parties agree that this
constitutes the full and final resolution of this violation.
I
find this agreement to be fair and equitable, 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.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
February 9, 2006
Columbia, South Carolina |