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. Camp Opportunity, d/b/a SC Association for Blind Athletes, Inc., d/b/a Northside Bingo (Class B Bingo)

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondents:
SC Association for Blind Athletes, Inc., d/b/a Northside Bingo (Class B Bingo)
 
DOCKET NUMBER:
05-ALJ-17-0141-CC

APPEARANCES:
Harry Hancock
Attorney for South Carolina DOR

Heath P. Taylor
Attorney for CMW Educational Services, Inc, et al
 

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 Camp Opportunity, d/b/a Pleasantburg Bingo, Laurens Dixie Youth Baseball, SC Association for Blind Athletes, Inc., d/b/a Northside Bingo, Transitions, d/b/a Pleasantburg Bingo, Anderson County Lodge 10 Fraternal, Inc., Taylors Youth Association, Inc. and Greenville Lodge No. 858 Benevolent, d/b/a Spartanburg Bee 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.

_______________________________

Ray N. Stevens

Administrative Law Judge

Columbia, South Carolina

December 2, 2005


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