ORDERS:
CONSENT AGREEMENT
The
South Carolina Department of Revenue (Department) initiated these matters by
issuing Notices of Intent to Revoke to Kristy M. Tomlinson, d/b/a Jo Mar Deli (Permittee),
on August 11, 2006, and March 27, 2007, respectively. Permittee holds license
no. 32032699-PBW/PSB authorizing the sale of beer and wine and liquor by the
drink for on premises consumption at the location, 516 N. Main Street, Mauldin,
South Carolina 29662. The Department determined that Permittee violated S.C.
Code Ann. Section 61-4-580(5) (Supp. 2006), by knowingly “keeping” gaming
devices upon the licensed premises and S.C. Code Ann. § 12-21-2710 (2000) on or
about July 26, 2006, and again on March 2, 2007. The Department is seeking revocation
of Permittee’s liquor by the drink license and beer and wine permit no.
32032699-PBW/PSB for these violations.
The
parties, as attested to by their undersigned signatures, have indicated that
these matters have been resolved upon the following terms and conditions:
1.
Permittee admits the violations of § 61-4-580(5), specifically for “keeping” the
type of gaming devices or games that are illegal pursuant to § 12-21-2710 on
the premises of the licensed location (here, on August 11, 2006, two GT video gaming
machines and one Nexus video gaming machine, each with the illegal game
“Wizards Draw Poker” installed, and on March 2, 2007, two Slingo 2004 video
gaming devices with the illegal game “Quick Draw Poker” installed).
2.
Permittee 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, unlawful gaming, or a game of chance, upon the licensed
premises, or in any adjacent or contiguous game room(s) in the future.
3.
Permittee agrees to a 15 day suspension of its liquor by the drink license and
beer and wine permit no. 32032699-PBW/PSB for the present violations. In
exchange for the suspension, the Department agrees to waive all other penalties
for the present violation, except in the event Permittee violates the
provisions of this Agreement. Furthermore, except for a violation of this
Agreement, the instant violations will not be considered for enhanced penalty
purposes. In the event Permittee violates this Agreement at the
above-referenced licensed location, 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. 2006). Therefore, in the event a
subsequent violation, other than a violation of this Agreement occurs at this
location, for enhanced penalty purposes, such subsequent violation will be
considered as if the instant gaming violations had not occurred. However,
should Permittee commit a violation of § 61-4-580(3) or (5) by permitting an
act that constitutes a crime as set forth in § 12-21-2710, or any other game of
chance, gaming, or gambling violation subsequent to the date of this Agreement,
such violation will result in the revocation of all alcohol permits and
licenses held by the Permittee at the above-referenced location. 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 settlement does not affect or
resolve any additional past, pending, or future violations of Titles 12 or 61
of the South Carolina Code of Laws or the regulations thereunder that are 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 and
such is RESOLVED WITH PREJUDICE.
IT IS SO ORDERED
The Honorable John D. Geathers
This _____ day of ____________,
2008
WE SO CONSENT:
_________________________ ____________________________________
Craig M. Pisarik, Esquire Kristy
Tomlinson,
South Carolina Department of
Revenue d/b/a Jo Mar Deli
_________________, 2008 _________________,
2008
I CONCUR:
_________________________
Michael T. Coulter, Esquire
Clarkson, Walsh, Rheney & Terrell, P.A.
Attorney for Respondent
________________, 2008
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