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. Gerald Boyd d/b/a 702 Bait & Tackle

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Gerald Boyd d/b/a 702 Bait & Tackle
 
DOCKET NUMBER:
05-ALJ-17-0219-CC

APPEARANCES:
Dana R. Krajack, Esq
For Petitioner, SCDOR

S. Jahue Moore, Esq
For Respondent
 

ORDERS:

ORDER OF DISMISSAL

This matter before the Court pursuant to the Respondent's Request for a Contested Case Hearing. The Respondent is appealing the Final Determination by the Petitioner, the South Carolina Department of Revenue. The Department is seeking a One Thousand and no/100 ($1,000.00) Dollar penalty to be assessed against the Respondent's beer and wine permit. The Department alleges that the Respondent has violated S.C. Code Ann. Section 61-4-580(3), by permitting gambling or games of chance upon the licensed premises.

Prior to the call of the case before this Court, the parties, as attested to by the parties undersigned signatures, have indicated that the matter has been resolved by the parties, and further seek approval by this Court of their agreement and dismissal of this matter now pending before the Court.

The parties agreement is upon the following terms and conditions:

1. The Respondent admits that the location permitted games of chanceon or about September 2, 2004, specifically by allowing one (1) "Jungle King" machine, to be located and operated upon the licensed premises.

 

2. The Respondent agrees to prohibit this machine or any similar machines, and any further games of chance, or any activity that constitutes gambling, upon the licensed premises.


3. The Petitioner agrees to waive any administrative penalty sought by the Petitioner.

4. The Petitioner agrees to disregard the present violation, except in the event the Petitioner violates the provisions of this agreement, for purposes of any enhanced penalty provisions in the event a subsequent violation occurs upon the licensed premises. By way of illustration, in the event a subsequent violation for gambling or games of chance occurs on or before September 2, 2007, such violation would be considered the second violation within a three-year period. On the other hand, in the event any other violation occurs hereafter, specifically for other than gambling or games of chance, then such violation would be considered the first violation within a three-year period

5. The Respondent understands and agrees that this settlement does not affect or resolve any additional pending or future violations of the Alcohol Beverage Control Act not specifically referred to in this Order or any other provisions, responsibilities, or liabilities which the Respondent has under South Carolina law.

6. This Agreement and Order constitutes a final resolution of the issues stated herein between the parties.

WHEREFORE, having reviewed this agreement and the terms thereof, I hereby approve, adopt, and merge same as an Order of this Court; and further, dismiss the Petition in this matter with prejudice.

__________________ ___________________

Dana R. Krajack, Esq. S. Jahue Moore, Esq.

For Petitioner, SCDOR For Respondent

_____________, 2005 _____________, 2005

 

 

 

 

 

IT IS SO ORDERED

 

 

 

__________________________

Hon. Marvin F. Kittrell

Chief Administrative Law Judge

 

November 28, 2005


Brown Bldg.

 

 

 

 

 

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