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 |