This
matter before the Court pursuant to the Respondent's Request for a Contested
Case Hearing. The Respondent is appealing the decision by the Petitioner's, the
South Carolina Department of Revenue, Final Determination. The Department is seeking
a forty-five (45) day suspension of the Respondent's beer and wine permit. The
Department alleges that the Respondent has violated S.C. Code Ann. Section
61-4-580(3), by permitting gambling or games of chance upon the licensed
premises.
Prior
to the call of the case before this Court, the parties, as attested to by the
parties undersigned signatures, have indicated that the matter has been
resolved by the parties and further, seek approval by this Court of their
agreement and dismissal of this matter now pending before the Court.
1.
The Respondent admits that the location permitted games of chance, specifically
by allowing two (2) "Jungle King" machines, to be located and
operated upon the licensed premises,.
2.
The Respondent agrees to prohibit these machines, any similar machines, and any
further games of chance, or any activity that constitutes gambling, upon the
licensed premises.
3.
The Respondent further agrees to pay the sum of Eight Hundred ($800.00)
Dollars as a penalty for this violation.
4.
The Petitioner agrees to disregard the present violation, except in the event
the Petitioner violates the provisions of this agreement, for purposes of any
enhanced penalty provisions in the event a subsequent violation occurs upon the
licensed premises. It is understood and agreed that two prior violations have
occurred upon the licensed premises within the last three-year period, which
began on July 24, 2002 (Permitting possession of beer by person under 21); and
subsequently, a second violation that occurred on December 9, 2004 (Permitting
possession of beer by person under 21). Therefore, in the event a subsequent
violation, other than a violation for gambling or games of chance, occurs on or
before July 23, 2005, such violation would be considered the third violation
within a three-year period.
5.
The Respondent understands and agrees that this settlement 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.
6.
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.
signatures on following page
_________________________ ____________________________________
Dana R. Krajack, Esq. Ragan's
Short Stop, Inc., Respondent
For Petitioner, SCDOR by
Thomas E. Ragan, it's President
_________________, 2005 _________________,
2005
___________________________________
James
H. Harrison, Esq.
For
Respondent
____________________,
2005
IT IS SO ORDERED
__________________________
Hon. John D. McLeod
Administrative Law Judge
June 16, 2005
