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. Tim's Amusements, Inc., Simpsonville Shortstop, Inc., d/b/a Shortstop IV

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tim's Amusements, Inc., Simpsonville Shortstop, Inc., d/b/a Shortstop IV
 
DOCKET NUMBER:
00-ALJ-17-0141-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondents (Simpsonville and Tim's) for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1999) and 27 S.C. Code Ann. Reg. 117-190 (Supp. 1999)]. On November 4, 1999, Simpsonville and Tim's, were cited for violating the "single place or premises" requirement of Section 12-21-2804(A) and Regulation 117-190. A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Tim's four Class III licenses (licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999) are commonly referred to as "Class III" machines and licenses), that no licenses may be used for the operation of machines at that location for a period of six months and a monetary fine against both licensees. The licensees appealed and the matter was transmitted to the Administrative Law Judge Division.

Prior to the hearing, the parties resolved the matter. That resolution is incorporated into this Order.

The agreement between the parties is as follows:

1. For the violation on November 4, 1999, Tim's agrees to the revocation of the following Class III licenses: 3005613, 3005616, 3005615, and 3005614. Because the licenses have expired during the pendency of this appeal, the Department no longer requires their surrender.

2. Simpsonville and Tim's, further agree not to operate or to allow the operation of Class III machines at the physical location of Simpsonville Shortstop, Inc., d/b/a Simpsonville Shortstop, IV, located at 430 SE Main Street, Simpsonville, South Carolina, for a period of six months. This six month suspension begins on June 14, 2000.

3. Simpsonville, further agrees to remit to the Department a fine of $500.00, no later than 5:00 p.m. on June 14, 2000.

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

4. The parties agree that this agreement constitutes the full and final resolution of the violation as set forth herein.

I find the above agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. As the parties 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

July 6, 2000

WE SO CONSENT:



By:

Carol I. McMahan

Attorney For Petitioner







By:

James M. Griffin

Attorney for Tim's Amusement, Inc.





By: ____________________________

J. Chris Brown

Attorney for Simpsonville Shortstop, Inc.


Brown Bldg.

 

 

 

 

 

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