South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. American Amusement of Aiken, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
American Amusement of Aiken, Inc.
 
DOCKET NUMBER:
00-ALJ-17-0224-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent American Amusement of Aiken, Inc., of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for a violation of S.C. Code Ann. Section 12-21-2748 of the South Carolina Video Games Machine Act on May 19, 1998. The citation issued to the Respondent was for a violation of the owner identification requirement contained in Section 12-21-2748 of the South Carolina Video Games Machine Act. The Regulatory violation and assessment report issued by the Department sought the imposition of two $2,500.00 fines against the Respondent for this violation. On February 9, 1999, the Respondent paid a fine (under protest) of $5,000.00 in this matter to the Department. A Final Agency Determination was issued by the Department on January 4, 2000 which sustained the $5,000.00 fine.

This matter was set for a contested case hearing before the Administrative Law Judge Division on July 19, 2000. Prior to the hearing, the parties reached an agreement of compromise based on the following terms and conditions:

1. The Respondent American Amusement admits to two violations of the owner identification requirement contained in Section 12-21-2748 on May 19, 1998 on machines bearing license numbers 3920723 and 3920724.

2. The Respondent American Amusement agrees to pay a fine in the amount of $1,000.00 for these two violations.

3. In exchange for the Respondent's admission and agreement to pay a fine of $1,000.00, the Petitioner Department agrees to waive the remaining amount of the fines sought in this action and to make a refund to the Respondent of $4,000.00; the Respondent having made a payment under protest of $5,000.00 to the Department on February 9, 1999 in this matter.

4. The parties agree and understand that this agreement is entered into by the Department under the authority granted to it under S.C. Code Ann. Section 12-4-320(3).

Having reviewed the terms of the agreement between the parties as set forth herein, and finding it to be a fair and equitable settlement of this matter, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





___________________________ ___________________________

Jeffrey N. Nelson, Esquire Zoe Sanders Nettles, Esquire

Counsel for Regulatory Litigation Nelson, Mullins, Riley & Scarborough

S.C. Department of Revenue Attorney for American Amusement of Aiken

P.O. Box 125 P.O. Box 11070

Columbia, S.C. 29214 Columbia, S.C. 29201





AND IT IS SO ORDERED.





___________________________

Ralph King Anderson, III

Administrative Law Judge



June 7, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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