ORDERS:
CONSENT ORDER
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Department determination that W.E. Willis of Travelers Rest,
Inc. (the Company) located at 5800 Mt. View Road in Taylors, South Carolina,
had violated S.C. Code Ann. § 61-4-580(3) (Supp. 2005) by “permitting games of
chance” on its licensed premises. Prior to a contested case hearing on this
determination, 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, 5800 Mt. View Road in Taylors, South
Carolina. On October 20, 2005, the Company was issued a citation for
“permitting games of chance” on its licensed premises. In resolution of this
matter, the Company agrees to pay a fine of $500.00 for the violation no later
than April 7, 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, SC 29201
2. The Company further agrees that it will not
permit the games of chance at issue here, or other games of chance, at its
licensed location at 5800 Mt. View Road in Taylors, South Carolina, in the
future.
3. The Department agrees to disregard the
present game of chance violation, except in the event that 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. §
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 two prior violations have occurred upon the licensed premises within the
last three-year period, which began on November 18, 2004 (the date of the first
violation).
4. The Company further understands and agrees
that this settlement does not affect or resolve any additional pending or
future violation 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.
5. This Agreement and Order constitutes a final
resolution of the issues stated herein between the parties.
6. In consideration of the above, the
Department accepts the payment and foregoing terms in satisfaction of these
violations.
7. 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 that this matter is RESOLVED with prejudice.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
1205 Pendleton Street,
Suite 224
Columbia, South
Carolina 29201-3731
May 15, 2006
Columbia, South Carolina
WE SO CONSENT:
s/Carol I. McMahan____________
Carol I. McMahan, Esq.
Attorney for South Carolina
Department of Revenue
s/Jonathan S. Altman____________
Jonathan S. Altman, Esq.
Attorney for W.E. Willis of
Travelers Rest, Inc. |
