ORDERS:
CONSENT ORDER
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Department determination that Too Bobs Inc., d/b/a Rosie’s
Lounge (the Company) located at 6569 Dorchester Road, North Charleston, South
Carolina, had violated S.C. Code Ann. Section 61-4-580(3) (Supp. 2004) by
“permitting games of chance” on its licensed premises and S.C. Code Ann.
Section 61-6-2600, “possession of liquor in containers larger than two (2)
ounces.” Prior to a hearing on these citations, the parties resolved the
matter. That agreement is incorporated into this consent order and is hereby
adopted as set forth below.
1. The Company holds a permit that authorizes it to sell beer and wine at
the location, 6569 Dorchester Road, North Charleston, South Carolina. On
December 1, 2004, the Company permitted games of chance on its licensed
premises. The Company also admits that it possessed liquor in containers
larger than two (2) ounces (one container) in violation of Section 61-6-2600.
2. In resolution of this matter, the Company agrees to pay a fine of
$250.00 for the game of chance violation and $420.00 for the Section 61-6-2600
violation no later than March 30, 2006. It will remit this payment to the
following address:
South
Carolina Department of Revenue
Regulatory
Litigation
Attn:
Chrystal Laughlin
Post
Office Box 12265
Columbia, S.C. 29201
3. The Company further agrees that it will not permit the games of chance
such as the Safari machines (Safari) at issue here, or similar games of chance,
at its licensed location, 6569 Dorchester Road, North Charleston, South
Carolina in the future.
4. The Department agrees to disregard the present game of chance violation,
except in the event the Company violates the provisions of this agreement.
That is, for purposes of any enhanced penalty provisions, in the event a
subsequent violation of S.C. Code Ann. Section 61-4-580(3), permitting games of
chance or permitting gambling, occurs at this licensed location after the date
of this agreement, it is understood and agreed that one prior violation has
occurred upon the licensed premises within the last three-year period, which
began on December 1, 2004 (the date of the violation at issue).
5. The Company further understands and agrees that this settlement does not
affect or resolve any additional pending or future violations of the alcohol
regulatory provisions set forth in Title 61, not specifically referred to in
this Order or any other provisions, responsibilities, or liabilities which the
Company has under South Carolina law.
6. This Agreement and Order constitutes a final resolution of the issues
stated herein between the parties.
7. In consideration of the above, the Department accepts the payment and
foregoing terms in satisfaction of these violations.
8. The parties further agree that they freely and voluntarily entered into
this agreement. The parties agree that this constitutes the full and final
resolution of this violation.
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
Order. As Respondent no longer requires a hearing on this matter, I also Order
this matter Resolved With Prejudice
March 30, 2006 ______________________________
Honorable
Carolyn C. Matthews
Administrative
Law Judge |
