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. John Wayland Carter d/b/a Tobacco Outlet, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
John Wayland Carter d/b/a Tobacco Outlet and Carlisle S. Carter, d/b/a Carter Amusements
 
DOCKET NUMBER:
00-ALJ-17-0604-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter is before the Court based on the South Carolina Department of Revenue's ("Department") issuance of citations and a Final Department Determination to Respondents for a violation of S.C. Code Ann. § 12-21-2804(A) and 27 S.C. Code Ann. Reg. 117-190 which occurred on or about June 5, 2000. The Single Place or Premises violation occurred in a John Wayland Carter gaming room called "Tobacco Outlet" located 1603 Hampton Street in Walterboro, South Carolina. For the offense alleged, the Department seeks to levy a penalty in the amount of Five Thousand and 00/100 ($5,000.00) Dollars against John Wayland Carter d/b/a Tobacco Outlet; revoke Type III Coin Operated Device License #s: 3256662 (exp. 2002), 3256663 (exp. 2002), 3256664 (exp. 2002), 3256665 (exp. 2002), and, 3256666 (exp. 2002); and, prohibit use of video poker machines at the Tobacco Outlet for six months. Respondents appealed the Department's Final Determination seeking review of the violation charged and the penalties imposed.

It appears the parties have resolved this matter as specified below:

  • The Department and John Wayland Carter d/b/a Tobacco Outlet agree to a penalty in the amount of One Thousand and 00/100 ($1000.00) Dollars as complete resolution and settlement of all claims between John Wayland Carter d/b/a Tobacco Outlet and the Department which are in issue in this case. The penalty is to be paid within fifteen (15) days of the date of this Order.
  • The Department and Carlisle S. Carter d/b/a Carter Amusements agree to the revocation of the five licenses in issue held by Carlisle S. Carter, designated to expire in 2002, and identified by Type III Coin Operated Device License #s: 3256662 (exp. 2002); 3256663 (exp. 2002); 3256664 (exp. 2002); 3256665 (exp. 2002); and, 3256666 (exp. 2002).
  • The parties attest that this agreement is reached for purposes of fully satisfying and settling the matters in issue in this case between the Department and Respondents.
  • This Court retains jurisdiction over the Department and Respondents to ensure compliance with the terms of settlement.
  • The remaining matters, if any, between Respondents and the Department are dismissed.

I find the agreement between the Department and Respondent to be fair and equitable and hereby approve the agreement as specified above. Therefore, in consideration of the foregoing,

IT IS HEREBY ORDERED THAT:

  • Respondent John Wayland Carter d/b/a Tobacco Outlet will pay One Thousand and 00/100 ($1000.00) Dollars to the South Carolina Department of Revenue within fifteen (15) days of the date of this Order.
  • Type III Coin Operated Device License #s: 3256662 (exp. 2002); 3256663 (exp. 2002); 3256664 (exp. 2002); 3256665 (exp. 2002); and, 3256666 (exp. 2002) are hereby revoked.
  • The Court retains jurisdiction to enforce the settlement between Respondents and the South Carolina Department of Revenue.
  • The remaining matters, if any, between Respondents and the Department of Revenue are dismissed.

AND IT IS SO ORDERED.





______________________________

May 9, 2001 Carolyn C. Matthews

Administrative Law Judge

Columbia, S.C.



...............



WE SO CONSENT:



SOUTH CAROLINA

DEPARTMENT OF REVENUE





By: _______________________________

Michael K. Kendree

Regulatory Litigation

Attorney for Petitioner



WE SO CONSENT:



JOHN WAYLAND CARTER D/B/A TOBACCO OUTLET

and CARLISLE S. CARTER D/B/A CARTER AMUSEMENTS







By: _______________________________

William R. Hearn

Attorney for the Respondents


Brown Bldg.

 

 

 

 

 

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