ORDERS:
CONSENT ORDER OF DISMISSAL
This matter arose out of the application of Respondents for a Class B bingo license pursuant to the South Carolina Bingo
Act, S.C. Code Ann. § 12-21-3310, et seq. (Supp. 1996). Petitioner having denied such application, a contested case
hearing on this matter was requested pursuant to Rules 11 and 12 of the Rules of Procedure for the Administrative Law
Judge Division and S.C. Code Ann. § 1-23-600(B). It now appears that the parties acknowledge and agree as follows:
That the law applicable to the instant application is as it existed at the time of said application;
That Act No. 449 of 1996 provides that any license issued pursuant to prior law shall automatically expire after September
30, 1997, regardless of its date of issue or duration;
That the instant proceedings notwithstanding, Respondents will be required to submit a new and separate application for a
bingo license under the Bingo Tax Act of 1996, S.C. Code Ann. § 12-21-3910, et seq. (Supp. 1996); and,
That the instant contested case may therefore become moot as of October 1, 1997, the effective date of the Bingo Tax Act
of 1996.
It appearing that this matter has been amicably resolved by the parties, thereby obviating the necessity of further proceedings
before this Court,
Now, upon the motion and consent of Respondents, by and through their undersigned attorney, and with the consent of
Petitioner, by its undersigned attorney,
IT IS ORDERED that this action should be, and the same is hereby dismissed with prejudice, each party to bear its own
costs and attorneys' fees.
IT IS FURTHER ORDERED and agreed that this Order shall in no way affect any other right, privilege or liability of any
party, or any other proceeding, including but not limited to any application by Respondents under the Bingo Tax Act of
1996 or any administrative action or any proceedings relating thereto.
I find that the above terms of dismissal to be fair and equitable, and hereby approve and order their adoption.
AND IT IS SO ORDERED.
_________________________
Ralph King Anderson, III
Administrative Law Judge
Columbia, South Carolina
September 22, 1997
WE SO MOVE AND CONSENT:
COSHOCTON CHAPTER OF
THE IZAAK WALTON LEAGUE
OF AMERICA, INC.
By: _________________________
Timothy G. Quinn
Attorney for Respondents
WE CONSENT:
S.C. DEPARTMENT OF REVENUE
By: _________________________
Geoffrey R. Bonham
Counsel for Regulatory Litigation
Office of the General Counsel
S.C. Department of Revenue |
