ORDERS:
CONSENT AGREEMENT
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Agency Determination to US Super Saver, Inc., d/b/a Convenient
Express (the Company). The Company holds a permit authorizing it to sell beer
and wine at the location, 1651 Redbank Road, Goose Creek, South Carolina. The
Department determined that the Company had violated S.C. Code Ann. §
61-4-580(3), by “permitting games of chance” on the licensed premises. The
Department is seeking a suspension of the Company’s beer and wine permit for
this violation for a period of forty-five days.
Prior
to the contested case hearing scheduled in this matter, as attested to by the
parties’ undersigned signatures, have indicated that the matter has been
resolved by the parties.
The
parties’ agreement is upon the following terms and conditions:
1. The
Company admits the violation of Section 61-4-580(3), “permitting games of
chance” GT 2003 machine with the game of “poker” thereon, on the premises of
the licensed location.
2. The
Company agrees to prohibit any of the gambling machines/devices or any similar
machines, games or devices prohibited by Section 12-21-2710 or any activity
that constitutes gambling or a game of chance, upon the licensed premises in
the future.
3. The
Department agrees to waive all penalties for the present violation, except in
the event the Company violates the provisions of this agreement. In the event
the Company violates this agreement, the Company understands and agrees that
such violation of this agreement at any of its licensed locations in the State
of South Carolina will result in revocation of all alcohol permits and licenses
issued by the Department pursuant to the authority granted to it in S.C. Code Ann.
§§ 61-2-70 and 61-2-80 (Supp. 2005). Therefore, in the event a subsequent
violation, other than a violation of this agreement, occurs within three years
from the date of November 2, 2004, at this location, such violation will be
considered a third violation for enhanced penalty purposes. However, should
the Company commit a violation of Section 61-4-580(5) or (3) by permitting an
act that constitutes a crime as set forth in Section 12-21-2710, or any other
game of chance or gambling violation within three years of October 11, 2005,
such violation will result in the revocation of all alcohol permits and
licenses held by the Company at all location(s) in South Carolina. Such
revocation(s) will remain in effect for three years from the date of the violation
resulting in such revocation.
4. The
Company understands and agrees that this settlement does not affect or resolve
any additional pending or future violations of Titles 12 or 61, South Carolina
Code of Laws, or the regulations thereunder, not specifically referred to in
this Agreement or any other provisions, responsibilities, or liabilities which
permittee has under South Carolina law.
5. This
Agreement and Order constitutes a final resolution of the issues stated herein
between the parties.
The
parties further agree that they freely and voluntarily entered into this
Agreement and such constitutes the full and final resolution of this matter.
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.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
September 27, 2006
Columbia, South Carolina
WE SO CONSENT:
s/Carol I. McMahan____________ s/Kenneth
E. Allen________
Carol I. McMahan, Esq. Kenneth
E. Allen, Esq.
South Carolina Department of
Revenue Attorney for US Super Saver, Inc.
9-20-2006 |
