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:
DOR vs. Barth, Inc., d/b/a Red Bone Alley

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Barth, Inc., d/b/a Red Bone Alley
 
DOCKET NUMBER:
03-ALJ-17-0028-CC

APPEARANCES:
Carol I. McMahan
Counsel for Regulatory Litigation

Kevin M. Barth
Attorney for Respondent
 

ORDERS:

CONSENT AGREEMENT

The South Carolina Department of Revenue (Department) initiated this matter by issuing a finding that Barth Inc. located at 1903 W. Palmetto Street, Florence, South Carolina had violated S.C. Code Ann. Section 61-4-580(Supp. 2002) by “permitting a game of chance.” Prior to a hearing on this matter, the parties resolved the matter. That agreement is incorporated into this consent order as set forth below.

1.Barth Inc. admits the “game of chance” violation on April 17, 2002. For this violation it will pay a fine of $400.00 as a first offense against its beer and wine permit. It will remit this amount to the Department no later than 5:00 pm on July 7, 2003.

2.Barth Inc. further agrees that it will not permit “Treasure Chest” gaming devices on the licensed premised in the future.

3.In consideration of the above the Department accepts that fine and terms in satisfaction of the violation in this matter.

Further, the parties freely and voluntarily entered into this agreement. The parties agree that this constitutes the full and final resolution of this violation and such is resolved with prejudice.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. I also Order this matter Resolved With Prejudice.

AND IT IS SO ORDERED.


__________________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge


July 15, 2003


Brown Bldg.

 

 

 

 

 

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