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. My Amusements, d/b/a Express Way

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
My Amusements, d/b/a Express Way
 
DOCKET NUMBER:
05-ALJ-17-0422-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

James Mixon Griffin
Attorney for My Amusements, Inc.
 

ORDERS:

CONSENT ORDER

The South Carolina Department of Revenue (Department) initiated this matter by issuing a Final Department determination that My Amusements Inc., d/b/a Express Way (the Company) located at 209 Watling Road, West Columbia, South Carolina, had violated S.C. Code Ann. Section 61-4-580(3) (Supp. 2004) by “permitting a game of chance” on its licensed premises. 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.                  The Company holds a permit that authorizes it to sell beer and wine at the location 209 Watling Road, West Columbia, South Carolina. On January 24, 2005, the Company permitted a game of chance on its licensed premises.

2.                  In resolution of this matter, the Company agrees to pay a fine of $250.00 no later than November 29, 2005. It will remit this payment to the following address:

South Carolina Department of Revenue

Regulatory Litigation

Attn: Chrystal Laughlin

Post Office Box 125

Columbia, S.C. 29214

3.                  The Company further agrees that it will not permit the subject machine (Queenbee) or similar games of chance on the premises, 209 Watling Road, West Columbia, South Carolina, in the future.

4.                  In consideration of the above, the Department accepts the payment and foregoing terms in satisfaction of this matter. The Department further agrees that this specific violation will not constitute a violation against the Company’s beer and wine permit at this location.

5.                  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

December 8, 2005 ______________________________

Honorable Carolyn C. Matthews

Administrative Law Judge


 

 

 

 

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