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. Billy's Amusement Co., Little Billy Food Stores, Inc., d/b/a Ridge Springs 104, Palmetto Risk Corp., Inc., d/b/a Ridge Springs 104

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Billy's Amusement Co., Little Billy Food Stores, Inc., d/b/a Ridge Springs 104, Palmetto Risk Corp., Inc., d/b/a Ridge Springs 104
 
DOCKET NUMBER:
00-ALJ-17-0053-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 July 14, 1999, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regulation 117-190 (Supp. 1998), 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)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and imposing monetary fines against each licensee, revoking the Class III video poker machines 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, 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 July 14, 1999, Respondents agree to the revocation of the five Class III licenses on the video poker machines at the location at the time of the violation. Respondents have surrendered these licenses to the Department.

2. Respondents further agree not to operate or allow the operation of Class III machines at the physical location of the area doing business as Palmetto Risk #104 located at

307 East Main Street, Ridge Spring, South Carolina (see attached diagram). Respondent agrees to remove this room from the structure no later than March 30, 2000.

3. Respondents further agree to remit to the Department a monetary penalty of $1,000.00. This fine was remitted to the Department on February 29, 2000.

4. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation.

5. The parties further agree that they enter into this agreement freely and voluntarily, with a full understanding of the agreement's terms and conditions.

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 longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.



AND IT IS SO ORDERED.





______________________________

Honorable C. Dukes Scott

Administrative Law Judge

























March 1, 2000

Columbia, South Carolina





WE SO CONSENT:





By:______________________________

Carol I. McMahan

Attorney for Petitioner





By:______________________________

William A. McDaniel

President, Little Billy Food Stores, Inc. and

Palmetto Risk Corp., Inc.







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(NOTE: PLEASE SEE CASE FILE FOR COPY OF ATTACHMENT)


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