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. SML of Greenwood

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
SML of Greenwood
 
DOCKET NUMBER:
05-ALJ-17-0288-CC

APPEARANCES:
Dana R. Krajack, Esq.
Counsel for Regulatory Litigation

C. Rauch Wise, Esq.
Attorney for SML of Greenwood
 

ORDERS:

ORDER and CONSENT AGREEMENT

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that SML of Greenwood, located at 1325 Hwy 72-221 East, in or near the town of Greenwood, South Carolina, had violated S.C. Code Ann. Section 61-4-580(3) (Supp. 2004) by “permitting a game of chance.” The Respondent has requested a contested case hearing to determine the sufficiency of the information alleged in the Department's Final Determination and to dispute the intended disposition of the alleged violation. 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.                  SML of Greenwood (SML) holds a permit that authorizes it to sell beer and wine at its location. SML admits that on January 31, 2005, it permitted games of chance on its licensed premises. SML agrees that for this violation it will pay a fine in the amount of One thousand ($1,000.00) Dollars. It will remit this amount to the Department no later than 5:00 pm on November 11, 2005.

2.                  SML further agrees that it will not permit video gaming machines, specifically including but not limited to, "Jungle", “Tarzan”, “QueenBee”, "Whales of Skill", "Chess Challenge (I & II)" and other similar video gaming machines, on its licensed premises in the future. Similarly, SML agrees not to permit video gaming devices of the type involved, including but not limited to video gaming devices that dispense tickets, coupons or any form of credit or money that may be redeemed for prizes, cash or other form of merchandise.

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 SML’s beer and wine permit unless the terms of this agreement shall be violated by SML within the next three (3) years.

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

WE SO CONSENT:

 

__________________________________ Date: October 20, 2005

Dana R. Krajack, Esq.

Counsel for Regulatory Litigation

 

 

__________________________________ Date: October 14, 2005

C. Rauch Wise, Esq.

Attorney for SML of Greenwood

 

AND IT IS SO ORDERED.

 

_________________________________

Ray N. Stevens, Presiding Judge

Administrative Law Court

October 24, 2005


Brown Bldg.

 

 

 

 

 

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