ORDERS:
ORDER
This matter is before the Administrative Law Judge Division pursuant to a petition filed by the
South Carolina Department of Revenue and Taxation (hereinafter referred to as the
"Department"), against respondent, Edwin S. Alewine, d/b/a Tina's The Wild Cherry, seeking
assessment of a penalty in the amount of five hundred dollars ($500.00) for the unlawful
advertising of the playing of machines in violation of S.C. Code Ann. § 12-21-2804 (B) (Supp.
1994).
After notice of the date, time and place, a hearing was held on the petition on June 1, 1995 at
11:00 a.m. at the Administrative Law Judge Division Hearing Room. The parties appeared at the
hearing, represented by counsel.
FINDINGS OF FACT
Based upon the testimony of the respondent and the Department, I make the following findings:
1. This Administrative Law Judge Division has personal and subject matter jurisdiction.
2. The respondent, Edwin S. Alewine, owns and operates a business known at Tina's The Wild
Cherry, 2213 Augusta Road, Columbia, South Carolina 29169.
3. That painted on a sign in front of Tina's The Wild Cherry are facsimiles over a foot tall of
cherries, watermelons, and triple sevens, and painted on the building where Tina's The Wild
Cherry is located are facsimiles over a foot tall of symbols of cherries.
4. That these symbols are the same as are displayed in the windows of various video game
machines licensed under S.C. Code Ann. § 12-21-2720(A)(3) (Supp. 1994).
5. That there are video game machines licensed under S.C. Code Ann. § 12-21-2720(A)(3) (Supp.
1994) in Tina's The Wild Cherry that display the symbols cited in finding 3.
6. That the symbols cited in finding 3 are clearly visible from the public thoroughfare.
7. That the symbols cited in finding 3 advertise for the playing of machines, and are prohibited by
S.C. Code Ann. § 12-21-2804(B) (Supp. 1994).
8. That the parties freely and voluntarily entered into a settlement as follows:
All parties agree that within thirty (30) days from the date of the hearing, respondent will
have painted over, so that it's no longer visible from the public thoroughfare, any symbols
depicting cherries, watermelons, cards, sevens and bells, and pay a fine of five hundred
dollars ($500.00) to the Department and respondent will furnish to the court an affidavit,
within five (5) days of having painted over the symbols, so stating that the symbols have
been totally obliterated from public view.
ORDER
It is concluded that the agreement entered into freely and voluntarily by the parties is fair and
reasonable, and is therefore made the order of this court.
AND IT IS SO ORDERED.
_______________________________
Marvin F. Kittrell
Chief Judge
Columbia, South Carolina
July 7, 1995 |
