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. The Pantry, Inc., d/b/a The Pantry #476 and Collins Holding Corporation

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
The Pantry, Inc., d/b/a The Pantry #476 and Collins Holding Corporation
 
DOCKET NUMBER:
00-ALJ-17-0091-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter is before the Court based on the South Carolina Department of Revenue's issuance of citations and a Final Department Determination to Respondents for a violation of S.C. Code Ann. § 12-21-2804(C) which occurred on or about October 19, 1999. Respondents appealed the Department Determination, seeking review of the violation charged and the penalties imposed.

It appears the Petitioner and the Respondent The Pantry, Inc., d/b/a The Pantry #476 have resolved the issues in the case as it pertains to them, without the necessity of a contested case hearing. Their resolution is incorporated into this Order.

1. For the violations charged against The Pantry, Inc, d/b/a The Pantry #476, the Pantry agreed to immediately cease (no later than May 1, 2000) all video poker/gaming at The Pantry #476 located at 1259 Chapin Road @ Amicks Ferry Road, remove all video poker/gaming machines from the location; henceforth not conduct any video poker/gaming activity at that location; and, surrender video games licensed establishment license #85502519-7;

2. Based upon the foregoing considerations, the Department agrees to waive the remaining penalties sought against The Pantry, Inc., d/b/a The Pantry #476; and

3. The parties further agree that this constitutes the full and final resolution of this matter between the South Carolina Department of Revenue and The Pantry, Inc., d/b/a The Pantry #476.

I find this agreement between the Department and The Pantry, Inc., to be fair and equitable, approve such agreement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce the terms of this Order. Therefore, in consideration of the foregoing, The Pantry, Inc., d/b/a The Pantry #476 is dismissed as a party-respondent in this case.

AND IT IS SO ORDERED.





____________________________

Ralph King Anderson, III

Administrative Law Judge



April 26, 2000

Columbia, South Carolina



WE SO MOVE:



South Carolina Department of Revenue



By:__________________________

Michael K. Kendree

Regulatory Litigation

Attorney for Petitioner



WE SO CONSENT:



Leath, Bouch & Crawford, LLP

By:__________________________

Timothy W. Bouch

Attorney for the Respondent

The Pantry, Inc., d/b/a The Pantry #476


Brown Bldg.

 

 

 

 

 

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