ORDERS:
CONSENT AGREEMENT
COME
NOW, the South Carolina Department of Revenue (Petitioner) and Par Tee Beverages
of Sumter (Respondent) and affirm the following resolution of the above-captioned
contested case as set forth below.
The
parties’ Agreement is upon the following terms and conditions:
1. Respondent
admits to the violation on March 15, 2007 of S.C. Code Ann. § 61-4-580(5)
(Supp. 2007), specifically for “keeping” the type of gaming device or game that
is illegal pursuant to S.C. Code Ann. § 12-21-2710 (2000) on the premises of
the licensed location (one Megatouch 2004 machine and one Megatouch 2007
machine). The machines had the games “Chug 21” and “Run 21” 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. Petitioner
agrees to waive all penalties for the present gaming device violation, except
in the event the Respondent violates the provisions of this Agreement. In the
event Respondent violates this Agreement, Respondent understands and agrees
that such violation of this Agreement at its licensed premises will result in
revocation of all alcohol permits and licenses issued by Petitioner pursuant to
the authority granted in S.C. Code Ann. §§ 61-2-70 and 61-2-80 (Supp. 2007) for
this location. In the event a subsequent violation, other than a violation of
this Agreement, occurs subsequent to the violation at issue here, the first
such subsequent violation will be considered a first violation 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 March 15, 2007, such violation will result in the revocation of all alcohol
permits and licenses held by Respondent at this licensed premises. 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 Respondent
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.
IT
IS SO ORDERED.
March ___, 2008 _______________________________
Honorable Carolyn C. Matthews
Administrative Law Judge
WE SO CONSENT:
_________________________ ____________________________________
Carol I. McMahan, Esquire Richard
Blackmon, Esquire
South Carolina Department Attorney
for Par Tee Beverages of
of Revenue Sumter
_________________, 2008 _________________,
2008
_______________________________
Par
Tee Beverages of Sumter
By:
_________________________,
2008
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