ORDERS:
CONSENT AGREEMENT
NOW
COME the South Carolina Department of Revenue (Petitioner) and the 3S
Corporation (Respondent) and affirm the following resolution of the above
captioned contested case as set forth below.
The
Petitioner initiated this matter by issuing an Initial Notice of Revocation and
a Final Agency Determination to Respondent seeking to revoke its beer and wine
permit for the location, 1300 Highway 501 Business, Conway, South Carolina. The
Department determined that Respondent violated S.C. Code Ann. Section 61-4-580(5)
(Supp. 2005), by knowingly “keeping” gambling devices upon the licensed
premises. See S.C. Code Ann. Section 12-21-2710 (Supp. 2000). The Department sought
revocation of Respondent’s beer and wine permit for this violation.
Prior
to the contested case hearing, the parties, as attested to by the parties’
undersigned signatures, have indicated that the matter has been resolved.
The
parties’ Agreement is upon the following terms and conditions:
1.
Respondent admits the violation on August 22, 2006, of Section 61-4-580(5),
specifically for “keeping” the type of gambling device or game that is illegal
pursuant to Section 12-21-2710 on the premises of the licensed location (in
this case two “Whale of Skill” gambling devices).
2.
Respondent agrees to prohibit the keeping of these machines/devices or any
similar machines, games or devices prohibited by Section 12-21-2710 or any
activity that constitutes gambling or a game of chance, upon the licensed
premises in the future.
3.
The Petitioner agrees to waive all penalties for the present violation, except
in the event the Respondent violates the provisions of this Agreement. In the event
the Respondent violates this Agreement, the Respondent understands and agrees
that such violation of this Agreement at this licensed location at issue will
result in revocation of all alcohol permits and licenses issued by the Petitioner
pursuant to the authority granted in S.C. Code Ann. Sections 61-2-70 and
61-2-80 (Supp. 2005) for this location. In the event a subsequent violation
other than a violation of this Agreement occurs subsequent to August 22, 2006,
the first such violation will be considered a second violation within three
years for enhanced penalty purposes. However, should Respondent commit another
violation of Section 61-4-580(5) or (3) by permitting an act that constitutes a
crime as set forth in Section 12-21-2710, or any other game of chance or
gambling violation subsequent to August 22, 2006, such violation will result in
the revocation of all alcohol permits and licenses held by the Respondent at this
location. Such revocation(s) will remain in effect for three years from the
date of the violation resulting in such revocation.
4.
Respondent understands and agrees that this Agreement does not affect or
resolve any additional pending or future violations of Titles 12 or 61, South
Carolina Code of Laws or the regulations thereunder, not specifically referred
to in this Agreement or any other provisions, responsibilities, or liabilities
which permittee has under South Carolina law.
5.
This Agreement constitutes a final resolution of the issues stated herein
between the parties.
The
parties further agree that they freely and voluntarily entered into this
Agreement and such constitutes the full and final resolution of this matter.
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.
IT
IS SO ORDERED.
April 25, 2007 _______________________________
Honorable Carolyn C. Matthews
Administrative
Law Judge
WE SO CONSENT:
_____________________________ _______________________________
Carol I. McMahan, Esquire Jonathan
S. Altman, Esquire
Counsel for South Carolina Counsel
for 3S Corporation
Department of Revenue
_________________, 2007 _________________,
2007
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