ORDERS:
CONSENT ORDER OF DISMISSAL
This matter is before the Court based on the South Carolina Department of Revenue's (Department) issuance of a citation and a Final
Department Determination to Respondents for a violation of S.C. Code Ann. § 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190
which occurred on or about November 3, 1999. The violation occurred in a Winner's World, Inc., gaming room called "Front
Stretch" located at 4501 Socastee Boulevard in Myrtle Beach, South Carolina. For the offense alleged, the Department seeks to levy
a $5,000.00 penalty against Winner's World, Inc., d/b/a Front Stretch (Winner's World); revoke the J.M. Brown Amusement Co.,
Inc., (Brown) held Coin Operated Devise License Numbers: 3013330 (exp. 2000); 3165027 (exp. 2001); 3165032 (exp. 2001);
3165034 (exp. 2001); and 3165038 (exp. 2001); and seeks to prohibit the use of machines at the Winner's World location for six
months. Respondents appealed the violation charge and the Department's Final Determination, seeking review of the violation
charged and the penalties imposed.
It appears the parties have resolved this matter as specified below:
- The Department and Winner's World agree to a penalty in the amount of One Thousand and 00/100 ($1,000.00) Dollars (payment
received by the Department on January 17, 2001) as complete resolution and settlement of all claims between Winner's World and
the Department which are in issue in this case.
- The Department and J.M. Brown Amusement Co., Inc. (Brown) agree to the revocation of two of the four outstanding licenses in
issue held by Brown and designated to expire in 2001, with the license which expired in 2000 being deemed revoked for purposes
of this settlement.
- The Department and Brown agree to the non-revocation of the other two outstanding licenses in issue held by Brown and
designated to expire in 2001, thereby entitling Brown to a refund of the pro-rated value of the two licenses not hereby revoked.
The amount of the refund available to Brown will be the pro-rated value of the licenses from July 1, 2000 to the date of designated
expiration.
- Brown and the Department agree that the revocation/refund agreement is reached for purposes of fully satisfying and settling the
matters in issue between Brown and the Department which are in issue in this case.
- This Court retains jurisdiction over the Department and Respondents to ensure compliance with the terms of settlement.
- The remaining matters, if any, between Respondents and the Department are dismissed.
THEREFORE IT IS HEREBY ORDERED THAT:
- Respondent Winner's World will pay One Thousand and 00/100 ($1,000.00) Dollars to the South Carolina Department of
Revenue.
- Two of the four Brown held machine licenses in issue in this case which are designated to expire in 2001 are hereby revoked.
- The one Brown held machine license which expired in 2000 is hereby revoked.
- The remaining two Brown held machine licenses in issue in this case which are designated to expire in 2001 are not revoked and
Brown is due a refund in a prorated amount, the value of which is to be calculated from July 1, 2000, to the designated date of
expiration for the two 2001 licenses.
- That the Court retains jurisdiction to enforce the settlement between Respondents and the South Carolina Department of Revenue.
- The remaining matters, if any, between Respondents and the Department of Revenue are dismissed.
AND IT IS SO ORDERED.
______________________________
Ralph King Anderson, III
Administrative Law Judge
January 31, 2001
Columbia, South Carolina
WE SO CONSENT:
South Carolina Department of Revenue
By:______________________________
Michael K. Kendree
Regulatory Litigation
Attorney for Petitioner
WE SO CONSENT:
Winner's World, Inc. J.M. Brown Company, Inc.
By:______________________________ By:___________________________
Leon B. Williams, on behalf of Winner's World Doug Goodnough, on behalf of Brown |
