ORDERS:
CONSENT ORDER
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing an Initial Notice of Revocation to Friends of Lighthouse (a
corporation), d/b/a Lighthouse Lounge (Permittee). Permittee holds a permit
and license authorizing the sale of beer, wine, and liquor for on premises
consumption at the location, 2817 Hwy. 17 S., Garden City, South Carolina. The
Department determined that Permittee violated S.C. Code Ann. § 61-4-580(5)
(Supp. 2005), by knowingly “keeping” gambling devices upon the licensed
premises S.C. Code § 12-21-2710 (Supp. 2005) on April 21, 2006. The Department
is seeking revocation of Permittee’s beer and wine permit and liquor by the
drink license for this violation.
The
parties, as attested to by their undersigned signatures, have indicated that
the matter has been resolved.
The
parties’ Agreement is upon the following terms and conditions:
1. Permittee
admits the violation of § 61-4-580(5), specifically for “keeping” the type of
gambling device or game that is illegal pursuant to § 12-21-2710 on the
premises of the licensed location (in this case, one gambling device “Force
2005”).
2. Permittee
agrees to prohibit the keeping of this machine/device 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
Department agrees to waive all penalties for the present violation, except in
the event the Permittee violates the provisions of this Order. In the event the
Permittee violates this Order at the above-referenced licensed location, the Permittee
understands and agrees that such violation will result in revocation of all
alcohol permits and licenses issued by the Department for this location pursuant
to the authority granted it under S.C. Code Ann. §§ 61-2-70 and 61-2-80 (Supp.
2005). Therefore, in the event a subsequent violation other than a violation of
this Order occurs subsequent to this Order at this location, the first such
subsequent violation will be considered a first violation for enhanced penalty
purposes. However, should Permittee commit a 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 the date of this Order,
such violation will result in the revocation of all alcohol permits and
licenses held by the Permittee at this location in South Carolina. Such
revocation(s) will remain in effect for three years from the date of the
violation resulting in such revocation.
4. Permittee
understands and agrees that this Order does not affect or resolve any
additional, pending, or future violations of Titles 12 or 61, South Carolina
Code of Laws or the regulations there under, not specifically referred to in
this Order or any other provisions, responsibilities, or liabilities which Permittee
has under South Carolina law.
5. This
Order 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 October 16,
2007 at 10:00 a.m. is cancelled.
IT
IS SO ORDERED.
October 23, 2007
The
Honorable Carolyn C. Matthews
Administrative
Law Judge
WE SO CONSENT:
_________________________ ____________________________________
Carol I. McMahan, Esquire James
M. Griffin, Attorney Representing
South Carolina Department
Friends of Lighthouse
of Revenue
, 2007 ,
2007
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