ORDERS:
CONSENT ORDER
This case was initiated through an administrative violation issued against the
Respondents, Christ Temple Church of Anderson (Christ Temple Church) d/b/a Bingo
City, and Jane Robbins (Robbins), Promoter of Bingo City, by the South Carolina
Department of Revenue (Department). A violation was issued against the Respondents
for failure to comply with various provisions of the Bingo Tax Act, S.C. Code Ann.
Section 12-21-3910, et seq (Supp. 2002). Specifically, the Respondents were charged
with a violation of S.C. Code Ann. Sections 12-21-3990 and 12-21-4220 as set forth in
the Final Determination of the Department dated August 29, 2003. The Department
issued its Final Determination sustaining the violation and seeking a monetary penalty of
five thousand dollars ($5000) and license revocation of the Respondents. The
Respondents appealed this matter and the case was transmitted to the Administrative Law
Judge Division (ALJD) for a contested case hearing. Ms. Robbins currently does not
hold a license to promote bingo in South Carolina. The Respondent, Christ Temple
Church of Anderson, settled this regulatory violation pursuant to Consent Order dated
December 23, 2003.
Prior to a hearing on this matter, the Respondent, Jane Robbins, entered into an
agreement with the Department resolving the violation issued against her as promoter for
the bingo. The agreement is incorporated in this Order and is as set forth below:
1.Respondent, Jane Robbins, stipulates that she was the licensed promoter
of Bingo City located at 34 Country Plaza Highway 29, Greer, South
Carolina and that a violation of S.C. Code Sections 12-21-3990 and 12-21-4220 did occur at Bingo City on March 3, 2003.
2.For the violation set forth herein and in the Final Determination dated
August 29, 2003, Jane Robbins agrees to pay a fine of two thousand five
hundred dollars ($2500). Ms. Robbins shall pay this amount to the
Department of Revenue on or before Friday, February 27, 2004.
3.Ms. Robbins additionally agrees that her license to promote bingo will be
retroactively suspended for two years from the date of the Final
Determination, August 29, 2003. During this suspension, Ms. Robbins
will not apply for a promoter’s license and is not permitted to manage or
conduct a game or assist in any manner with bingo operations. In
consideration of the service of this two year suspension, the Department
agrees not to seek full retroactive revocation of the promoter’s license as it
relates to the pending matter unless this Consent Order is violated by Ms.
Robbins.
4.The Department agrees that this constitutes full and final settlement of the
violation as set forth in the Final Determination issued against Jane
Robbins.
5.The Department and Jane Robbins further agree that failure to comply
with any provision herein shall result in the reinstatement of the original
penalties as set forth in the Department’s Final Determination including
license revocation. The Department and Jane Robbins agree that this
matter is settled with prejudice as relates to Respondent, Jane Robbins.
I find the agreement to be fair and equitable and will approve such agreement and
order its adoption. This Court retains continuing jurisdiction to enforce this Order. This
matter is resolved with prejudice as it relates to the Respondent, Jane Robbins.
AND IT IS SO ORDERED.
____________________________________
The Honorable Carolyn C. Matthews
Administrative Law Judge
February 25, 2004
Columbia, South Carolina |
