ORDERS:
ORDER AND DECISION
This matter is before the Administrative Law Judge Division (Division) pursuant to S.C.
Code Ann. § 1-23-600(E) (Supp. 1996); S.C. Code Ann. § 12-21-2804(A) and 27 S.C. Code Ann.
Regulation 117.190 (Supp. 1996). The South Carolina Department of Revenue (Petitioner) alleges
that the Respondents, applied for, received, maintained, or permitted to be used licenses for the
operation of more than five machines authorized under § 12-21-2720(A)(3) at a single place or
premises.
The Petitioner seeks revocation of ten (10) Class III video game machine licenses, taxes
of $5,000 each against Frank and Marilyn Muggeo, d/b/a M&M Leasing, Archer Property, Inc., and
Collins Entertainment Corporation, and an order prohibiting the use of any Class III video game
machine licenses at 27 Archer Road, Hilton Head, South Carolina, for a period of six months from
the date of the license revocation. After notice to all parties, a hearing was conducted on April 3,
1998.
Prior to the commencement of testimony, the parties reached an agreement settling the
controversy. The agreement consists of the following:
1. The Class III video game machine licenses listed in the Agency Final Determination
are owned by Collins Entertainment Corporation, and are in use, within one structure surrounded by
exterior walls at 27 Archer Road, Hilton Head, South Carolina on November 22, 1996.
2. The Respondents, M&M Leasing and Archer Property, Inc., operate the individual
game rooms where the machines are located.
3. All Class III video game machine licenses located in the two rooms at 27 Archer Road
in Hilton Head are are revoked.
4. Respondents Frank and Marilyn Muggeo shall pay a fine of $500 within fifteen (15)
days from the date of this Order.
5. No Class III video game machines licenses shall be used, or applied for, received,
maintained, or permitted to be used at 27 Archer Road, Hilton Head, South Carolina for a period of
six months from the date of the Order.
AND IT IS SO ORDERED.
_______________________________
ALISON RENEE LEE
Administrative Law Judge
April 28, 1998
Columbia, South Carolina |