ORDERS:
FINAL ORDER
This matter comes for a hearing on December 19, 2000 as a result of an alleged violation of the Video Game Machine Act.
Specifically, this matter is before the Court based on the South Carolina Department of Revenue's ("Department") issuance
of citations and Final Department Determinations to Respondents for a violation of S.C. Code Ann. § 12-21-2804(A) and 27
S.C. Code Ann. Regs. 117-190 and the Respondent Quick Foods, Inc., d/b/a Gamexpress' (Quick Foods) request for a
contested case hearing.
The violation alleged occurred on or about April 18, 2000, in a gaming room called "Annie-Up (Chances Games)" located at
4403 Highway 17 South, North Myrtle Beach, South Carolina. For the offense alleged, the Department seeks to levy a
$5,000.00 penalty against Jungle Golf of Windy Hill, Inc., revoke Coin Operated Device License #s: 3164519 (exp. 2001);
3164512 (exp. 2001); 3023036 (exp. 2000); 3164558 (exp. 2001); and 3164531 (exp. 2001); and, prohibit use of machines
at the Annie-Up location for six months. Respondent Quick Foods appealed the Department's Determination seeking review
of the violation charged and the penalties imposed. Respondent Jungle Golf of Windy Hill, Inc., ("Jungle Golf") failed to
appeal, make an appearance, or otherwise plead or respond in the above-captioned matter.
At the commencement of the hearing, the Department of Revenue moved to dismiss Respondent Jungle Golf as a party to
the case asserting inter alia that Jungle Golf was in default for failing to comply with the Court's preliminary Orders in this
matter; for failing to appear; and, for failing to otherwise perfect an appeal in a timely manner. The Department avers that
the Department's Final Department Determination was mailed both to the Jungle Golf corporate address of record with the
Department as well as to Respondent Jungle Golf's Registered Agent of Record with the South Carolina Secretary of State's
office and that each Final Determination was received at each address. The Department further alleges that by Jungle Golf's
overt conduct in failing to respond to the Department's Final Determination, Jungle Golf waived any available remedies
under the Administrative Procedures Act and should be dismissed as a Party-Respondent so that the Department can pursue
measures to enforce its penalties assessed against the Respondent Jungle Golf.
The Court finds Jungle Golf in default. Jungle Golf failed to respond to this Court's preliminary orders in this matter; it has
failed to appear; and, it has failed to plead or otherwise respond to the Department's Final Determination. Consequently,
Jungle Golf is in default and is dismissed as a Party-Respondent so that the Department may pursue any penalty enforcement
measures against Jungle Golf which the Department has available at this time.
With regard to the Department and Respondent Quick Foods, Inc., it appears the parties resolved this matter prior to the
commencement of the hearing; however, each party wished to enter their resolution in the record. As a result, the settlement
agreement between the Department and Quick Foods stated herein:
1. The Department and Quick Foods agree to the revocation of two of the four outstanding
licenses in issue held by Quick Foods and designated to expire in 2001.
2. The Department and Quick Foods agree to the non-revocation of the other two
outstanding licenses in issue held by Quick Foods and designated to expire in 2001,
thereby entitling Quick Foods to a refund of the pro-rated value of the two licenses not
hereby revoked. The amount of the refund available to Quick Foods will be the pro-rated
value of the licenses from July 1, 2000 to the date of designated expiration.
3. This Court retains jurisdiction over the Department and Respondent Quick Foods, Inc.,
to insure compliance with the terms of settlement.
4. The remaining matters, if any, between Quick Foods and the Department are dismissed.
THEREFORE IT IS HEREBY ORDERED THAT:
1. Respondent Jungle Golf of Windy Hill, Inc., is in default and is dismissed as a Party-
Respondent in this case thus allowing the Department to pursue assessment and
enforcement of its penalties against Jungle Golf of Windy Hill, Inc.
2. Two of the four of the 2001 machine licenses in issue in this case are revoked.
3. The remaining two 2001 machine licenses in issue are not revoked and Quick Foods, Inc.,
is due a refund in a prorated amount, the value of whih is to be calculated from July 1,
2000 to the designated date of expiration for the two 2001 licenses.
4. That the Court retains jurisdiction to enforce the settlement between Quick Foods, Inc., and
the South Carolina Department of Revenue.
5. The remaining matters, if any, between Quick Foods, Inc., and the Department of Revenue
are dismissed.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
January 2, 2001
Columbia, South Carolina
WE CONSENT:
SOUTH CAROLINA
DEPARTMENT OF REVENUE
By:
Michael K. Kendree
Regulatory Litigation
Attorney for Petitioner
WE CONSENT:
SIMMONS, GRIFFIN & LYDON
By:
James M. Griffin
Attorney for Respondent Quick Foods, Inc. |