South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Transitions, Inc., d/b/a Pleasantburg Bingo 2 and Ashy International, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondents:
Transitions, Inc., d/b/a Pleasantburg Bingo 2 and Ashy International, Inc.
 
DOCKET NUMBER:
05-ALJ-17-0329-CC

APPEARANCES:
Harry Hancock
Attorney for South Carolina DOR

Heath P. Taylor
Attorney for Transitions, Inc., d/b/a Pleasantburg Bingo 2 and Ashy International, Inc.
 

ORDERS:

CONSENT ORDER APPROVING SETTLEMENT

It appears the parties to this action have reached a settlement of the above referenced case and the many cases involving these parties pending in this Court or awaiting final determinations from the Petitioner. In the above referenced case, the Respondents have been cited by the Petitioner for a violation of S.C. Code Ann. § 12-21-3920 in which the Petitioner alleges that Ashy International, Inc., (Promoter) along with Transitions, Inc., d/b/a Pleasantburg Bingo 2 (Charity) have conducted two sessions of bingo during a twelve hour period. Promoter and Charity 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 Charity was not involved in the alleged conduct

that is the subject of this litigation.

2. 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 the Promoter and Charity 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 Promoter or Charity 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. 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.

_______________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

November 30, 2005.


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