SC Administrative Law Court Decisions

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1997)]. On August 6, 1997, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-212720(A)(3) (Supp. 1997) (referred to as "Class III" machines) at a single place or premises, in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Jamey Kennedy's five, Community Amusement Inc.'s two, Craton Partners Inc.'s one, and Big TI Enterprises Inc.'s one, Class III machine licenses, that no licenses will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty against each Respondent.

Prior to the hearing, the Respondents Jamey Kennedy, Craton Partners, Big TI

Enterprises, Inc., and Community Amusements, Inc., worked out an agreement resolving the matter as to their liability for the violation. That agreement is incorporated into this Consent Order.

The agreement between the parties is as follows:

1. Respondent Jamey Kennedy admits to the violation and agrees to the revocation of Class III machine license numbers 0630290, 0630291, 0630292, 0630293, 0630294. As these licenses have expired during the pendency of this appeal, the Department does not require their surrender. Respondent Kennedy further agrees to remit to the Department a monetary fine in the amount of $500.00, no later than 5:00 p.m. on April 15, 1998.

2. Respondents Craton Partners Inc., Big TI Enterprises Inc., and Community Amusements, Inc., admit the violation and agree to the revocation of the following Class III licenses:

Big TI Enterprises 3806365

Community Amusements 3936251, 3936241

Craton Partners 3805698

These Respondents further agree to surrender these licenses to the Department no later than 5:00

p.m. on April 7, 1998.

2. Respondents Big TI Enterprises, Inc., Jamey Kennedy, Community Amusements, Inc., and Craton Partners Inc. further agree not to operate or allow the operation of any of their Class III machines at the location Monte Carlo II and Choice Video Games, 212 N. Kings Hwy., Myrtle Beach, South Carolina, for a period of six months from April 15, 1998.

3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to Respondents Kennedy, Craton Partners, Inc., Community Amusements, Inc. and Big TI Enterprises, Inc. The Department further understands that Respondents Piedmont Tool & Supply Co. Inc. and Ronald Maddox continue to pursue their appeal of this matter.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. As Respondents Jamey Kennedy, Craton Partners, Community Amusements, Inc., and Big TI Enterprises, Inc., no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice as to these named Respondents.

AND IT IS SO ORDERED.

Chief Administrative Law Judge

April 27, 1998

Columbia, South Carolina

WE SO CONSENT:

By:

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

By:

By:

Attorney for Respondents Craton Partners,

Community Amusements, Inc., Big TI

Enterprises, Inc.

By:

Attorney for Respondent

Palmetto Tool & Supply Co.