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. and Ashy International,
Inc. (Promoters) along with SC Association for Blind Athletes, Inc., d/b/a
Northside Bingo, Anderson County Lodge 10, FOP, d/b/a Putt Putt Bingo and
Carolina Elite Soccer Academy, d/b/a Seaside 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. and 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.
and 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. 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. or Ashy
International, Inc. and/or Ramon Ashy, Jr. are the promoters.
7. For and in consideration of the sum of $12,000.00
paid to the Petitioner pursuant to an Order signed by the Honorable Marvin F.
Kittrell on October 31, 2005, and filed in this Court on November 1, 2005, all
pending actions against Promoters and Charities named herein which are
currently pending before this Court, violations awaiting a final determination
by the Petitioner or violations issued by the Petitioner but not served on
Promoters or Charities will be dismissed by the Petitioner. The 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.
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.
_______________________________
John D. McLeod
Administrative Law
Judge
Columbia, South Carolina
November 30, 2005. |