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. Jungle Golf of Windy Hill, Inc., d/b/a Annie Up (Chances Games), et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Jungle Golf of Windy Hill, Inc., d/b/a Annie Up (Chances Games) and Quick Foods, Inc., d/b/a Gamexpress Amusements
 
DOCKET NUMBER:
00-ALJ-17-0512-CC

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER

This matter comes for a hearing on December 19, 2000 as a result of an alleged violation of the Video Game Machine Act. Specifically, this matter is before the Court based on the South Carolina Department of Revenue's ("Department") issuance of citations and Final Department Determinations to Respondents for a violation of S.C. Code Ann. § 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 and the Respondent Quick Foods, Inc., d/b/a Gamexpress' (Quick Foods) request for a contested case hearing.



The violation alleged occurred on or about April 18, 2000, in a gaming room called "Annie-Up (Chances Games)" located at 4403 Highway 17 South, North Myrtle Beach, South Carolina. For the offense alleged, the Department seeks to levy a $5,000.00 penalty against Jungle Golf of Windy Hill, Inc., revoke Coin Operated Device License #s: 3164519 (exp. 2001); 3164512 (exp. 2001); 3023036 (exp. 2000); 3164558 (exp. 2001); and 3164531 (exp. 2001); and, prohibit use of machines at the Annie-Up location for six months. Respondent Quick Foods appealed the Department's Determination seeking review of the violation charged and the penalties imposed. Respondent Jungle Golf of Windy Hill, Inc., ("Jungle Golf") failed to appeal, make an appearance, or otherwise plead or respond in the above-captioned matter.



At the commencement of the hearing, the Department of Revenue moved to dismiss Respondent Jungle Golf as a party to the case asserting inter alia that Jungle Golf was in default for failing to comply with the Court's preliminary Orders in this matter; for failing to appear; and, for failing to otherwise perfect an appeal in a timely manner. The Department avers that the Department's Final Department Determination was mailed both to the Jungle Golf corporate address of record with the Department as well as to Respondent Jungle Golf's Registered Agent of Record with the South Carolina Secretary of State's office and that each Final Determination was received at each address. The Department further alleges that by Jungle Golf's overt conduct in failing to respond to the Department's Final Determination, Jungle Golf waived any available remedies under the Administrative Procedures Act and should be dismissed as a Party-Respondent so that the Department can pursue measures to enforce its penalties assessed against the Respondent Jungle Golf.



The Court finds Jungle Golf in default. Jungle Golf failed to respond to this Court's preliminary orders in this matter; it has failed to appear; and, it has failed to plead or otherwise respond to the Department's Final Determination. Consequently, Jungle Golf is in default and is dismissed as a Party-Respondent so that the Department may pursue any penalty enforcement measures against Jungle Golf which the Department has available at this time.



With regard to the Department and Respondent Quick Foods, Inc., it appears the parties resolved this matter prior to the commencement of the hearing; however, each party wished to enter their resolution in the record. As a result, the settlement agreement between the Department and Quick Foods stated herein:



1. The Department and Quick Foods agree to the revocation of two of the four outstanding

licenses in issue held by Quick Foods and designated to expire in 2001.



2. The Department and Quick Foods agree to the non-revocation of the other two

outstanding licenses in issue held by Quick Foods and designated to expire in 2001,

thereby entitling Quick Foods to a refund of the pro-rated value of the two licenses not

hereby revoked. The amount of the refund available to Quick Foods will be the pro-rated

value of the licenses from July 1, 2000 to the date of designated expiration.



3. This Court retains jurisdiction over the Department and Respondent Quick Foods, Inc.,

to insure compliance with the terms of settlement.



4. The remaining matters, if any, between Quick Foods and the Department are dismissed.



THEREFORE IT IS HEREBY ORDERED THAT:



1. Respondent Jungle Golf of Windy Hill, Inc., is in default and is dismissed as a Party-

Respondent in this case thus allowing the Department to pursue assessment and

enforcement of its penalties against Jungle Golf of Windy Hill, Inc.



2. Two of the four of the 2001 machine licenses in issue in this case are revoked.



3. The remaining two 2001 machine licenses in issue are not revoked and Quick Foods, Inc.,

is due a refund in a prorated amount, the value of whih is to be calculated from July 1,

2000 to the designated date of expiration for the two 2001 licenses.



4. That the Court retains jurisdiction to enforce the settlement between Quick Foods, Inc., and

the South Carolina Department of Revenue.



5. The remaining matters, if any, between Quick Foods, Inc., and the Department of Revenue



are dismissed.



AND IT IS SO ORDERED.











__________________________________

RAY N. STEVENS

Administrative Law Judge

January 2, 2001

Columbia, South Carolina



WE CONSENT:



SOUTH CAROLINA

DEPARTMENT OF REVENUE



By:  

Michael K. Kendree

Regulatory Litigation

Attorney for Petitioner



WE CONSENT:



SIMMONS, GRIFFIN & LYDON



By:  

James M. Griffin

Attorney for Respondent Quick Foods, Inc.


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