ORDERS:
ORDER OF DISMISSAL
This
matter before the Court pursuant to the Respondent's Request for a Contested
Case Hearing. The Respondent is appealing the Final Determination by the
Petitioner, the South Carolina Department of Revenue. The Department is seeking
a One Thousand and no/100 ($1,000.00) Dollar penalty to be assessed against 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.
The
parties agreement is upon the following terms and conditions:
1.
The Respondent admits that the location permitted games of chanceon or about
September 2, 2004, specifically by allowing one (1) "Jungle King"
machine, to be located and operated upon the licensed premises.
2.
The Respondent agrees to prohibit this machine or any similar machines, and any
further games of chance, or any activity that constitutes gambling, upon the
licensed premises.
3.
The Petitioner agrees to waive any administrative penalty sought by the
Petitioner.
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. By way of illustration, in the event a subsequent violation
for gambling or games of chance occurs on or before September 2, 2007, such
violation would be considered the second violation within a three-year period.
On the other hand, in the event any other violation occurs hereafter,
specifically for other than gambling or games of chance, then such
violation would be considered the first 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.
__________________ ___________________
Dana R. Krajack, Esq. S.
Jahue Moore, Esq.
For Petitioner, SCDOR For
Respondent
_____________, 2005 _____________,
2005
IT IS SO ORDERED
__________________________
Hon. Marvin F. Kittrell
Chief Administrative Law Judge
November 28, 2005 |