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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