South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Helen A. Owens, d/b/a Fill Ups

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Helen A. Owens, d/b/a Fill Ups
 
DOCKET NUMBER:
05-ALJ-17-0195-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Walter B. Todd, Jr.
Attorney for Helen A. Owens
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Helen A. Owens, d/b/a Fill Ups, located at 5266 Highway 14, Gray Court, South Carolina, had violated S.C. Code Ann. § 61-4-580(3) (Supp. 2004) by “permitting a game of chance.” Prior to a hearing on this matter, the parties resolved the matter. That agreement is incorporated into this Consent Order as set forth below.

1. Helen A. Owens, d/b/a Fill Ups, holds a permit that authorizes her to sell beer and wine at the location at 5266 Highway 14, Gray Court, South Carolina. Helen Owens admits that on December 6, 2004, she permitted games of chance on her licensed premises in violation of the statute. She further agrees that for this violation she will pay a fine in the amount of $800.00. She will remit this amount to the Department no later than 5:00 p.m. on June 10, 2005.

2. Helen Owens further agrees that she will not permit video gaming machines, “Monkeyland” and “Gone Fishing,” and similar video gaming machines of chance, on her licensed premises in the future (5266 Highway 14, Gray Court, South Carolina).

3. In consideration of the above, the Department accepts the fine and terms in satisfaction of the violation in this matter. The Department further agrees that this specific violation will not constitute a violation against Helen Owens’ beer and wine permit at this location.

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 and such is

RESOLVED WITH PREJUDICE.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

June 9, 2005

Columbia, South Carolina


 

 

 

 

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