South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Whitlark & Whitlark, Inc., d/b/a Rockaway Athletic Club

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Whitlark & Whitlark, Inc., d/b/a Rockaway Athletic Club
 
DOCKET NUMBER:
98-ALJ-17-0467-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This is an administrative action initiated by the South Carolina Department of Revenue [Petitioner] when the Department issued the Respondent, Whitlark & Whitlark, a Final Determination sustaining a citation for alleged violations of S. C. Code Ann. § 12-21-2804(A) by maintaining or permitting the use of more than five (5) Class III machines at a single place or premises, and S. C. Code § 12-21-2702(A)(3) for failing to procure machine licenses.

After protracted negotiations and exchange of information between the Petitioner and Respondent, an agreement has been reached wherein the Respondent concedes that it was in violation of S. C. Code Ann. § 12-21-2702(A)(3) for failing to procure machine licenses. The amount of the fine assessed for this violation shall be Five Thousand ($5,000.00) Dollars.

The Petitioner agrees to dismiss the citation for alleged violation of S. C. Code § 12-21-2804(A), maintaining or permitting the use of more than five (5) Class III machines at a single place or premises.









Respondent hereby moves the Court to approve this agreement.

J. Marcus Whitlark,

Attorney for Respondent.

We consent to this Agreement.

Carol I. McMahan

S.C. Department of Revenue

Attorney for Petitioner.

I find this Agreement to be a fair and equitable resolution of this matter and the Court hereby approves the terms of this settlement.

AND IT IS SO ORDERED this 30th day of September , 1998.



JOHN D. GEATHERS,

Administrative Law Judge

State of South Carolina

P. O. Box 11667

Columbia, South Carolina 29211-1667


Brown Bldg.

 

 

 

 

 

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