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. Julian Adams, d/b/a Everyday Amusement A, and NMB Bingo

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Julian Adams, d/b/a Everyday Amusement A, and NMB Bingo
 
DOCKET NUMBER:
00-ALJ-17-0539-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondents by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2804(A) and Regulation 117-190 on April 18, 2000. The Regulatory violation and assessment report issued by the Department sought the imposition of a $5,000.00 fine, the administrative revocation of 5 Class III machine licenses and to prohibit the use of machines on the premises for six months. A Final Agency Determination issued by the Department on August 24, 2000 sustained the fines and the revocations.



This matter was transmitted to the Administrative Law Judge Division on September 27, 2000 and assigned to the Hon. Ray N. Stevens. Prior to a hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions:



1. Respondents admit to a violation of the single place or premise requirement contained in Section 12-21-2804(A) on or about April 18, 2000 at a multi-room video poker casino and bingo hall doing business as North Myrtle Beach Bingo located at 541 Highway 17 North in North Myrtle Beach, South Carolina.



2. The Respondents have removed all Class III video game machines from the premises and agree to refrain from operating any such machines on the premises of these rooms for a period of six months commencing on November 1, 2000.



3. The Respondent North Myrtle Beach Bingo, by and through its Corporate Treasurer Jerry M. Wilder, further agrees to pay a fine in the amount of $1,000 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 against the Respondents in this action.



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



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







Jeffrery M. Nelson Jerry M. Wilder

Counsel for Regulatory Litigation Treasurer for the Respondent North Myrtle

S.C. Department of Revenue Beach Bingo Concessions, Inc.

P. O. Box 125 541 Highway 17 North

Columbia, SC 29214 N. Myrtle Beach, SC 29582

(803) 898-5172



IT IS SO ORDERED







RAY N. STEVENS

Administrative Law Judge



November 16, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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