ORDERS:
CONSENT ORDER
This
matter [is] before the Court pursuant to the South Carolina Department of
Revenue’s (“Department”) Notice of Motion and Motion for Emergency Suspension,
and Final Determination, wherein the Department sought the emergency
suspension, and permanent revocation, of the Respondent’s, Sharky’s of
Spartanburg, Inc. (“Sharky’s”) Non-profit minibottle license and beer/wine
permit.
On
May 13, 2005, this Court issued its Order of Summary Suspension which suspended
the minibottle license and beer and wine permit pending proceedings for
revocation as a result of activities which have occurred at Sharky’s that
constitute a threat to the public’s safety and welfare. As indicated therein,
this Court has found that numerous incidents and crimes have occurred at the
Respondent’s location, including fights, acts of disorderly conduct,
trespassing on neighboring properties by patrons, fire code violations,
narcotics violations, alcohol violations, discharging of firearms and shootings
which involved hospitalization.
The
Court, subsequent to the issuance of the Order of Summary Suspension, has
scheduled the permanent revocation hearing for June 22, 2005, at 2:00 o’clock
p.m.. However, as attested to by the parties undersigned signatures, the matter
has been resolved by the parties and further, seek approval by this Court of
their agreement and dismissal of this matter before the Court, upon the
following terms and conditions:
1.
The Respondent admits that the location, as operated, has constituted
a threat to the public’s safety and negatively impacts the welfare of the
community.
2.
The Respondent consents to the revocation of its Nonprofit Minibottle
License (No. 32031879-PSC) and its Beer and Wine On-premise Permit (No.
32031879-PBW).
3.
The Respondent agrees that it’s License and Permit have been either lost
or destroyed, but in no case shall it’s License and Permit be valid for any
purpose.
4.
The Respondent understands and agrees that this settlement and consent
to revocation does not affect or resolve any additional pending or future
violations of the Alcohol Beverage Control Act not specifically referred to in
this Order or any other provisions, responsibilities, or liabilities which the
Respondent has under South Carolina law.
5.
This Agreement and Order constitutes a final resolution of the issues
stated herein between the parties.
WHEREFORE,
having reviewed this agreement and the terms thereof, I hereby approve, adopt,
and merge same as an Order of this Court; and further, dismiss the Petition in
this matter with prejudice.
______________________________ _______________________________
Dana R. Krajack,
Esq. Sharky’s of Spartanburg, Inc., d/b/a
The Castle
Counsel for
Regulatory Litigation by Steven C. Lockhart, it’s
President
P.O. Box 12265 25
Annandale Drive
Columbia, SC
29211 Boiling Springs, SC 29316
(803) 898-5172 (864)
266-4442
June 10, 2005 June
3, 2005
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