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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Tina Alewine, d/b/a Steve's Hot Dogs and Video

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tina Alewine, d/b/a Steve's Hot Dogs and Video
 
DOCKET NUMBER:
95-ALJ-17-0095-CC

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

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

ORDERS:

CONSENT 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, Tina Alewine, d/b/a Steve's Hot Dogs and Video, 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 2:00 p.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, Tina Alewine, owns and operates a business known at Steve's Hot Dogs and Video, 1221 Augusta Road, Columbia, South Carolina 29169.

3. That painted on a sign in front of Steve's Hot Dogs and Video are large facsimiles of a cherry, a watermelon, a hand of cards, a seven and a bell.

4. That these symbols, except for the hand of cards, 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 Steve's Hot Dogs and Video 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


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