ORDERS:
CONSENT ORDER
NOW COME the South Carolina Department of Revenue (Petitioner) and the Panhandle, LLC, d/b/a PJ’s Food Store (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 Suspension and a Final Agency Determination to Respondent seeking to suspend its beer and wine permit for the location, 101 Spratt Street, Fort Mill, South Carolina. The Department determined that Respondent violated S.C. Code Ann. § 61-4-580(5) (Supp. 2006) by knowingly “keeping” gaming devices upon the licensed premises. See S.C. Code Ann. § 12-21-2710 (2000). The Department sought a 90 day suspension 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 April 14, 2006, of § 61-4-580(5), specifically for “keeping” the type of gaming device or game that is illegal pursuant to § 12-21-2710 on the premises of the licensed location (in this case, three gaming devices with the game “Sure Shot” that simulates the game of “five card poker” installed thereon).
2. Respondent agrees to prohibit the keeping of these machines/devices or any similar machines, games or devices prohibited by § 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. §§ 61-2-70 and 61-2-80 (Supp. 2006) for this location. In the event a subsequent violation other than a violation of this Agreement occurs subsequent to May 10, 2006, the first such violation will be considered a first violation within three years for enhanced penalty purposes. However, should Respondent commit another violation of § 61-4-580(5) or (3) by permitting an act that constitutes a crime as set forth in § 12-21-2710, or any other game of chance or gambling violation subsequent to May 10, 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. The hearing set for August 29, 2007 is cancelled.
IT IS SO ORDERED.
August 20, 2007 _______________________________
Honorable Carolyn C. Matthews
Administrative Law Judge |
