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. Henry E. Godfrey, d/b/a The Great Hot Dog

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Henry E. Godfrey, d/b/a The Great Hot Dog
 
DOCKET NUMBER:
00-ALJ-17-0021-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Henry E. Godfrey of a citation issued by the Petitioner against the Respondent by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. §12-21-2802(B) and Regulation 117-190 on April 18, 1999. The regulatory violation and assessment report issued by the Department sought the imposition of a $2000.00 fine against the Respondent for this violation. A Final Agency Determination issued by the Department on December 15, 1999 sustained the fine.

This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on April 13, 2000. Prior to the hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions:

1. The Respondent admits to a violation of the advertising prohibition contained in Section 12-21-2804(B) on or about April 18, 1999.

2. The Respondent agrees to remove any and all exterior signage at his place of business which advertises the playing of Class III video game machines, to include, but not limited to, the use of the term "video poker" on such signs. The Respondent further agrees to refrain from the use of such word(s) or any other advertising in violation of S.C. Code Ann. § 12-21-2804(B) (Supp. 1999).

3. The Respondent further agrees to pay a fine in the amount of $500.00 and to make payment of such fine to the Department of Revenue within thirty (30) days of the date of this Order.

4. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary fines and penalties sought in this action.

5. The parties agree and understand that this constitutes a final settlement of this matter.

Having reviewed the agreement and terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.



_________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



April 20, 2000

Columbia, South Carolina





WE SO MOVE:





____________________________

JEFFREY M. NELSON, ESQUIRE

FOR THE PETITIONER





____________________________

JAMES M. GRIFFON, ESQUIRE

FOR THE RESPONDENT


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