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 Amusements, Inc, Larry Okelly, d/b/a Larry's Place

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Sonco Amusements, Inc, Larry Okelly, d/b/a Larry's Place, and d/b/a Donna's Place
 
DOCKET NUMBER:
00-ALJ-17-0276-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 January 11, 2000, for a violation of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regulation 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)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and imposing fines against Larry O Kelly, revoking Class III machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. Respondent Sonco Amusements Inc. appealed the matter, and it was transmitted to the Administrative Law Judge Division (Division). Respondent Okelly did not appeal the Department's Final Department Determination.

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 at issue, Sonco Amusements Inc. (Sonco) agrees to the revocation of the ten Class III licenses on the video poker machines at the location at the time of the violation. Sonco agrees to surrender license Nos. 315774, 315771, 315773, 3157768, 3157769, 3157770, and 3157772, to the Department, no later than 5:00 pm on August 25, 2000. The remaining licenses at issue have expired during the pendency of this appeal, and the Department does not require their surrender.

2. Sonco also agrees not to operate or allow the operation of Class III machines at the physical locations of the area doing business as "Larry's Place" and "Donna's Place" located at 6601 Highway 24, Townville, South Carolina, for a six month period which began July 1, 2000.

3. The Department consents to the terms so stated herein.

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 John D. Geathers

Administrative Law Judge





August 24, 2000

Columbia, South Carolina















WE SO CONSENT:





By:

Carol I. McMahan

Attorney for Petitioner





By:_____________________________

James M. Griffin

Attorney for Sonco Amusements Inc.


Brown Bldg.

 

 

 

 

 

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