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 |
