South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
DOR vs. Wanda Gale Jacks, Promoter for Helping Hands of Clemson, Inc., d/b/a Clemson Bingo

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioner:
South Carolina Department of Revenue

Respondent:
Wanda Gale Jacks, Promoter for Helping Hands of Clemson, Inc., d/b/a Clemson Bingo
 
DOCKET NUMBER:
03-ALJ-17-0420-CC

APPEARANCES:
M. Anne Pearce
Counsel for Regulatory Litigation
South Carolina Department of Revenue

David L. Thomas
Moore, Taylor & Thomas, P.A.
Attorney for Wanda Gale Jacks
 

ORDERS:

FINAL CONSENT ORDER

This matter is before the Administrative Law Judge Division pursuant to an agency transmittal by the South Carolina Department of Revenue (Department) dated October 2, 2003. In its final determination issued on September 12, 2003, the Department found that there were two regulatory violations in connection with the bingo operation for which Respondent is the licensed promoter. Respondent has disputed the Department’s findings in part. However, in order to settle this dispute, the parties have agreed to the following terms, which resolve the matter and which are incorporated into this Final Consent Order:

1.Respondent admits that the prize for each game was not announced at the conclusion of the game, in violation of S.C. Code Ann. § 12-21-3990(A)(2). For this violation, Respondent agrees to pay a fine of $500.

2.Respondent admits that players were not given paper bingo cards for games they played with an electronic daubing device, in violation of S.C. Code Ann. § 12-21-4220. Respondent does not admit that this omission resulted in the evasion of bingo tax. In order to settle the dispute without further legal action, Respondent agrees to pay a fine of $5,000. Further, Respondent agrees to abstain from offering electronic daubing devices for the play of bingo at Clemson Bingo from the date of this Order until February 9, 2006, three years from the date of the violations.

3.The Department agrees to accept the above-stated fines, which total $5500, with the stipulation that Respondent will not offer electronic daubing devices before February 9, 2006, in full satisfaction of the above-stated regulatory violations. The parties agree that this settlement does not affect or resolve any regulatory violations against Respondent’s promoter’s license, except the above-stated violations occurring on February 9, 2003.

The parties freely and voluntarily entered into this agreement. Further the parties agree, and I so find, that this constitutes a full, fair, and just resolution of this matter.

IT IS THEREFORE ORDERED that this matter is DISMISSED with prejudice.

AND IT IS SO ORDERED.

______________________________

JOHN D. GEATHERS

Administrative Law Judge

March 24, 2004

Columbia, South Carolina


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