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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