ORDERS:
CONSENT AGREEMENT
The
South Carolina Department of Revenue (Department) initiated this matter by
issuing a Final Agency Determination to John Wayland Carter, d/b/a Tobacco Shop
(Respondent). Respondent holds a permit authorizing him to sell beer and wine
at the location, 1603 Hampton Street, Walterboro, South Carolina (licensed
premises). The Department determined that Respondent 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 Respondent’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, the parties, as
attested to by the parties’ undersigned signatures, have indicated that the
matter has been resolved.
The
parties’ agreement is upon the following terms and conditions:
1. Respondent
admits the violation of Section 61-4-580(3), “permitting games of chance” on
the licensed premises. (The devices seized were two Jungle Kings, two Cadillac
Jacks, one Queen Bee, and three Monkeylands. The games played on these
machines included Bingo and Sureshot.)
2. Respondent
agrees to prohibit any gambling machines/devices or any similar machines,
games, or devices prohibited by S.C. Code Ann. § 12-21-2710 or any activity
that constitutes gambling or a game of chance upon the licensed premises in the
future (from the date of this signed Order).
3. The
Department agrees to waive all penalties for the present violation, except in
the event Respondent violates the provisions of this Agreement. Therefore, in
the event a subsequent violation, other than a violation of this Agreement,
occurs within three years from the date of March 15, 2005, on the licensed
premises, such violation, for enhanced penalty purposes, will be considered in
accordance with the decisions rendered by the Administrative Law Court in the
cases of S.C. Dep’t of Revenue v. John Wayland Carter, Docket Nos.
05-ALJ-17-0467-CC and 05-ALJ-17-0468-CC (that is, if the Administrative Law
Court sustains the violations at issue in those cases, a subsequent violation,
other than a violation of this Agreement, will be considered a third
violation). However, should Respondent violate this Agreement by committing a
future violation of Sections 61-4-580(3) or 61-4-580(5) 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 March 15, 2005, such
violation will result in the revocation of all alcohol permits and licenses
held by Respondent for the licensed premises pursuant to the authority granted
the Department in S.C. Code Ann. §§ 61-2-70 and 61-2-80 (Supp. 2005). Such
revocation(s) will remain in effect for three years from the date of the
violation resulting in such revocation.
4. Respondent
understands and agrees that this settlement does not affect or resolve any
additional pending or future violations of Titles 12 or 61 of the South
Carolina Code of Laws or the regulations thereunder not specifically referred
to in this Agreement or any other provisions, responsibilities, or liabilities
which Respondent has under South Carolina law.
5. This
Agreement and Order constitutes the 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.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
October 18, 2006
Columbia, South Carolina
WE SO CONSENT:
s/Carol I. McMahan____________ s/James
M. Griffin_____________
Carol I. McMahan, Esq. James
M. Griffin, Esq.
South Carolina Department Attorney
for John Wayland Carter,
of Revenue d/b/a
Tobacco Shop
October 16__, 2006 Oct.
10___, 2006 |
