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. Fast Point Food Stores, Inc., d/b/a Fast Point No. 53, and Fast Point Food Stores, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Fast Point Food Stores, Inc., d/b/a Fast Point No. 53, and Fast Point Food Stores, Inc.
 
DOCKET NUMBER:
00-ALJ-17-0010-CC

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER AND DECISION

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on August 18, 1999, for a violation of S.C. Code Ann. § 12-21-2804(C) (Supp. 1999), for making a payout to an individual under the age of twenty-one. The South Carolina Department of Revenue issued its Final Department Determination sustaining this violation and its determination to revoke the Respondent's retail sales tax license and video poker machine licenses. Respondents appeale this matter and it was transmitted to the Administrative Law Judge Division.

Prior to the hearing, the parties entered into an agreement resolving this matter. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. For the violations on August 18, 1999, Respondents agree to the revocation of the five Class III licenses on the video poker machines at the location at the time of the violation. Respondents further agree to surrender these licenses, Nos. 3013891, 3013892, 3013893, 3013894, and 3073895 to the Department no later than 5:00 p.m. on March 6, 2000.

2. Respondents further agree to remove the video poker machines from this location, Fast Point Food Stores, Inc., d/b/a Fast Point 53, 5995 Rivers Avenue, North Charleston, South Carolina by March 7, 2000. Respondents agree not to operate or allow the operation of video poker machines at this location.

3. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation.

4. The parties agree that this agreement was entered into freely and voluntarily and the terms herein constitute the full and final resolution of this violation.

I find this agreement to be fair and equitable, approve such agreement, abd hereby Order its adoption. This court retains continuing jurisdiction to enforce this Order. As Respodents no longer require a hearing in this matter, I also Order this matter DISMISSED WITH PREJUDICE.

AND IT IS SO ORDERED.



___________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



March 20, 2000

Columbia, South Carolina





WE SO CONSENT:



_____________________________

CAROL I. McMAHAN

Attorney for the Petitioner





____________________________

VITTALBHAI PATEL

President of Fast Point Food Stores


Brown Bldg.

 

 

 

 

 

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