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. CWF Easley, LLC, d/b/a Chiefs

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
CWF Easley, LLC, d/b/a Chiefs
 
DOCKET NUMBER:
08-ALJ-17-0017-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT AGREEMENT

COME NOW, South Carolina Department of Revenue (“Department”) and CWF Easley, LLC, d/b/a Chiefs (“Chiefs”) and resolves the above-captioned contested case as attested to by their undersigned signatures on the terms and conditions as set forth below.

1. Department initiated this matter by issuing a Department Determination to Chiefs for a violation of S.C. Code Ann. § 61-4-580(5) (Supp. 2006) for knowingly “keeping” gaming devices upon the licensed premises. See S.C. Code Ann. § 12-21-2710 (2000). For this violation Department is seeking revocation of Chiefs’s on premises beer and wine permit and liquor by the drink license for the location, 5616A Calhoun Memorial Hwy., Easley, South Carolina (“licensed premises”).

2. Chiefs admits to the violation on September 1, 2007 of § 61-4-580(5), specifically for “keeping” the type of gaming device or game that is illegal pursuant to § 12-21-2710 on the premises of the licensed location (one Game Challenge (games of Keno and Sure shot installed thereon) and on Mega Touch Force (game of Strip Poker installed thereon)).

3. Chiefs 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.

4. Department agrees to waive all penalties for the present gaming device violation, except in the event Chiefs violates the provisions of this Agreement. In the event Chiefs violates this Agreement, Chiefs 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 the Department pursuant to the authority granted in S.C. Code Ann. §§ 61-2-70 and 61-2-80 (Supp. 2006) 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 Chiefs 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 September 1, 2007, such violation will result in the revocation of all alcohol permits and licenses held by Chiefs at this licensed premises. Such revocation(s) will remain in effect for three years from the date of the violation resulting in such revocation.

5. Chiefs 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 Chiefs has under South Carolina law.

6. This Agreement constitutes a final resolution of the issues stated herein between the parties.

7. Department and Chiefs 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 Agreement. As Chiefs no longer requires a contested case hearing on this matter, I also Order this matter RESOLVED WITH PREJUDICE

IT IS SO ORDERED.

June 10, 2008

Honorable Ralph King Anderson III

Administrative Law Judge

WE SO CONSENT:

_______________________ ______________________

Carol I. McMahan, Esq. Robert G. Rikard, Esq.

South Carolina Department Attorney for CWF Easley, LLC

of Revenue

_________________, 2008 _________________, 2008

__________________________

CWF Easley LLC

By: ______________________


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