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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Edwin W. Alewine, d/b/a Tina's The Wild Cherry

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Edwin W. Alewine, d/b/a Tina's The Wild Cherry
 
DOCKET NUMBER:
95-ALJ-17-0094-CC

APPEARANCES:
For the Petitioner: Nicholas P. Sipe, Esquire

For the Respondent: H. Wesley Kirkland, Jr., Esquire
 

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


Brown Bldg.

 

 

 

 

 

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