South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Sonco Amusement, Inc., Landrum Incorporated, d/b/a Sav Way, d/b/a Sav Way, Amber's

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Sonco Amusement, Inc., Landrum Incorporated, d/b/a Sav Way, d/b/a Sav Way, Amber's
 
DOCKET NUMBER:
00-ALJ-17-0030-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on August 5, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1999), for operating and maintaining more than five Class III machines (Class III machines are video poker machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and imposing a $5,000 fine against each licensee, revoking Class III machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. Respondents appealed the matter and it was transmitted to the Administrative Law Judge Division (Division).

Prior to the hearing on this matter, the parties entered into an agreement resolving the matter. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. For the violation on August 5, 1999, Respondents agree to the revocation of the following Class III licenses on the video poker machines at the location at the time of the violation: Nos. 3157743, 3157744, 3157750, 3157775. Respondents agree to surrender these licenses to the Department no later than 5:00 p.m. on April 21, 2000.

2. Respondents further agree not to operate or allow the operation of Class III machines at the physical locations of the area doing business as "Savway, Amber's" located at 310 Fairview Road, Simpsonville, South Carolina, for a six month period beginning April 21, 2000 (this area is accurately depicted on the attached diagram).

3. In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retains continuing jurisdiction to enforce this Order. As Respondents no long require a hearing on this matter, I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.





_____________________________ Ralph King Anderson, III

Administrative Law Judge





April 13, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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