South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. SC Association of Blind Athletes, Inc., d/b/a Northside Bingo and CMW Educational Services, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondents:
SC Association of Blind Athletes, Inc., d/b/a Northside Bingo and CMW Educational Services, Inc.
 
DOCKET NUMBER:
05-ALJ-17-0331-CC

APPEARANCES:
Harry Hancock
Attorney for South Carolina Department of Revenue

Heath P. Taylor
Attorney for CMW Educational Services
 

ORDERS:

CONSENT ORDER APPROVING SETTLEMENT

It appears the parties to this action have reached a settlement of the above referenced cases and the many related cases pending in this Court or awaiting final determinations from the Petitioner. In the above referenced cases, the Respondents have been cited by the Petitioner for a violation of S.C. Code Ann. § 12-21-4000 in which the Petitioner alleges that CMW Educational Services, Inc., the Lifebelt Company n/k/a Bingo Magic Amusement, Inc., and Ashy International, Inc. (Promoters) along with SC State Lodge Fraternal Order of Police, Camp Opportunity, d/b/a Pleasantburg Bingo, Laurens Dixie Youth Baseball, Greenville Lodge No. 858 Benevolent, d/b/a Spartanburg Bee Bingo SC Association of Blind Athletes, Inc., d/b/a Northside Bingo and Anderson County Lodge 10, FOP, d/b/a Putt Putt Bingo (Charities) have engaged in the illegal sale of pull-tabs in a bingo hall. Promoters and Charities have raised various defenses to the aforementioned allegations and have denied that any of their conduct constitutes a violation of the South Carolina Bingo Tax Act.

Upon motion of and with the consent of counsel for the Petitioner and Respondents, I find and conclude the settlement between the parties is fair and reasonable and hereby approve the settlement based upon the agreements between the parties and the conditions set forth below:

1. All parties acknowledge that the Charities were not involved in the sale of pull-tabs or in any of the alleged conduct that is the subject of this litigation.

2. Pull-tabs will not be sold in any bingo hall in which CMW Educational Services, Inc. and/or Ramon Ashy, Sr., the Lifebelt Company n/k/a Bingo Magic Amusement, Inc. and/or Anne Ashy or Ashy International, Inc. and/or Ramon Ashy, Jr. are the promoters.

3. Pop Entertainment, Inc., the entity which actually sold the pull-tabs in these cases, will refrain from the sale of pull-tabs in any bingo hall in which CMW Educational Services, Inc. and/or Ramon Ashy, Sr., the Lifebelt Company n/k/a Bingo Magic Amusement, Inc. and/or Anne Ashy or Ashy International, Inc. and/or Ramon Ashy, Jr. are the promoters.

4. Promoters hereby agree that if they engage in the sale of pull-tabs in a bingo hall, SCDOR may revoke the respective promoter license and Promoters hereby consent to said revocation.

5. Notwithstanding the preceding paragraph, Promoters reserve the right to resume the sale of pull-tabs if at some future time, by operation of statute, case law or a change in interpretation by SCDOR of the laws governing the sale of pull-tabs, the sale of pull-tabs is deemed legal in the State of South Carolina.

6. Promoters agree that they will not form any corporation or other business entity that engages in the sale of pull-tabs in bingo halls where CMW Educational Services, Inc. and/or Ramon Ashy, Sr., the Lifebelt Company n/k/a Bingo Magic Amusement, Inc. and/or Anne Ashy or Ashy International, Inc. and/or Ramon Ashy, Jr. are the promoters nor will Promoters have any financial interest in any company that sells pull-tabs in bingo halls where CMW Educational Services, Inc. and/or Ramon Ashy, Sr., the Lifebelt Company n/k/a Bingo Magic Amusement, Inc. and/or Anne Ashy or Ashy International, Inc. and/or Ramon Ashy, Jr. are the promoters.

7. The sum of $12,000 will be paid to SCDOR in exchange for the dismissal of all pending actions against Promoters and Charities named herein which are currently pending before this Court, violations awaiting a final determination by SCDOR or violations issued by SCDOR but not served on Promoters or Charities. All parties acknowledge that this is a one time fee for the settlement of disputed claims and serves as consideration for the dismissal of all pending cases and investigations or pending violations that occurred prior to the date of this Agreement, including but not limited to South Carolina Department of Revenue v. South Carolina Association for Blind Athletes d/b/a Northside Bingo and CMW Educational Services, Inc., Regulatory Litigation File No. 5999 and South Carolina Department of Revenue v. Greenville Lodge No. 858 Benevolent, d/b/a Spartanburg Bee Bingo and CMW Educational Services, Inc., Regulatory Litigation File 6068.

I find and conclude the foregoing settlement is fair and reasonable and in the best interests of all parties. Therefore, upon motion of and with the consent of counsel for the parties, the above referenced cases are hereby dismissed and the settlement terms set forth above are incorporated into this Order and fully enforceable pursuant to Rule 43(k) of the South Carolina Rules of Civil Procedure.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the above

 

referenced cases are hereby dismissed subject to the terms of settlement set forth herein.

 

_______________________________

Marvin F. Kittrell

Administrative Law Judge

 

Columbia, South Carolina

October 31, 2005


Brown Bldg.

 

 

 

 

 

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