South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Brew Masters Inc., d/b/a Ponderosa

AGENCY:
South Carolina Department of Revenue

PARTIES:
Respondents:
South Carolina Department of Revenue

Permittee:
Brew Masters Inc., d/b/a Ponderosa
 
DOCKET NUMBER:
07-ALJ-17-0073-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing an Initial Notice of Revocation and Department Determination to Brew Masters Inc., d/b/a Ponderosa (Permittee). The Department determined that Permittee violated S.C. Code Ann. Section 61-4-580(5), by knowingly “keeping” gaming devices upon the licensed premises S.C. Code Ann. Section 12-21-2710 (Supp. 2005) on May 12, 2006. Permittee holds a permit and license authorizing the sale of beer, wine and liquor for on premises consumption at the location, 3040 Cherry Road, Rock Hill, South Carolina. The Department is seeking revocation of Permittee’s beer and wine permit and liquor license for this violation.

Prior to a contested case hearing on this matter as attested to by the undersigned signatures, the parties have indicated that the matter has been resolved.

The parties’ Agreement is upon the following terms and conditions:

1. Permittee admits the violation of Section 61-4-580(5), specifically for “keeping” the type of gaming device or game that is illegal pursuant to Section 12-21-2710 on the premises of the licensed location (in this case two “Slingo GT” type gambling devices with the game of “Sureshot” (a game that simulates five card poker) located thereon).

2. Permittee agrees to prohibit the keeping of these gaming 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 under South Carolina law, 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 Agreement. In the event the Permittee violates this Agreement, the Permittee understands and agrees that such violation of this Agreement will result in revocation of all alcohol permits and licenses issued by the Department pursuant to the authority granted to it as provided by S.C. Code Ann. Sections 61-2-70 and 61-2-80 (Supp. 2005) for the licensed location at issue here. Therefore, in the event a violation other than a violation of this Agreement occurs within three years from date of May 12, 2006 at this location, the first such violation will be considered a first violation for enhanced penalty purposes. However, should Permittee commit a 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 the execution of this Agreement, such violation will result in the revocation of all alcohol permits and licenses held by the Permittee for the location 3040 Cherry Rd., Rock Hill, 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 settlement 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 retain 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.

March 5, 2008

Honorable Carolyn C. Matthews

Administrative Law Judge

WE SO CONSENT:

_________________________ ____________________________________

Carol I. McMahan, Esquire James Mixon Griffin, Esquire

South Carolina Department Attorney for Brewmasters Inc.

of Revenue

_________________, 2008 _________________, 2008

_______________________________

Brew Masters Inc.,

By: Steve Lipe

__________________, 2008


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