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. Recreational Pursuits, Inc., d/b/a Little Vegas

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Recreational Pursuits, Inc., d/b/a Little Vegas
 
DOCKET NUMBER:
99-ALJ-17-0314-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Recreational Pursuits, Inc. Of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2802(B) and Regulation 117-190 on June 5, 1998. The Regulatory violation and assessment report issued by the Department sought the imposition of a $2000.00 fine against the Respondent for this violation. A Final Agency Determination issued by the Department on June 1, 1999 sustained the fine.



This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on June 18, 199. Prior to a hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions:



1. Respondents admit to a violation of the advertising prohibition contained in Section 12-21-2804(B) on or about February 18, 1999.



2. The Respondent agrees to remove any and all signs on the exterior of their place of business, or visible from the exterior of their business, which uses or contains the word "Vegas". The Respondent further agrees to refrain from the use of such word(s) or any other advertising in violation of S.C. Code Ann. Section 12-21-2804(B)(Supp. 1998) and 12-22-10, et seq. (Act 125, 1999 Acts).



3. The Respondent further agrees to pay a fine in the amount of $500 and to make payment of such fine to the Department of Revenue within thirty (30) days of the date of this Order.



4. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary fines and penalties sought in this action.



5. The parties agree and understand that this constitutes a final settlement of this matter.



Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.



Jeffrey M. Nelson James M. Griffin

Counsel for Regulatory Litigation Attorney for the Respondent

S.C. Department of Revenue Post Office Box 5

Post Office Box 125 Columbia, SC 29202

Columbia, SC 29214 (803) 779-4600

(803) 898-5172



IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge



August 25, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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