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. Coley, Inc., Coley, Inc., d/b/a Lots of Luck, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Coley, Inc., Coley, Inc., d/b/a Lots of Luck, d/b/a Palm Island, d/b/a Oasis, III, d/b/a Oasis, Coley, Inc.
 
DOCKET NUMBER:
00-ALJ-17-0601-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by citations issued by the South Carolina Law Enforcement Division (SLED) against Respondents on February 8, 2000, for violations 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) (Supp. 1999)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining these violations and imposing monetary fines against each licensee, revoking licenses, and prohibiting the use of licenses for a six month period. Respondents appealed the matter and it was transmitted to the Administrative Law Judge Division (Division).



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



The agreement between the parties is as follows:



1. For the violation on February 8, 2000, Respondents agree to the revocation of the following Class III licenses: 3011546, 3011547, 3011548, 3011549, 3011550, 3011541, 3011565, 3011545, 3011543, 3011544, 3011557, 3011558, 3011559, 3011580, 3012636, 3011552, 3011553, 3011554, 3011555, and 3011813. Because these licenses have expired during the pendency of this appeal, the Department does not require their surrender.



2. Respondents also agree not to operate or allow the operation of Class III machines at the physical location of the areas doing business as "Lots of Luck," "Oasis III," "Oasis," and "Palm Island," located at 2976 Hwy 21, Fort Mill, South Carolina, for a six month period beginning November 15, 2000. Respondents also agree to remit to the Department a monetary fine of $1,000.00 no later than 5:00 p.m. on November 15, 2000.



3. In consideration of the above, and based on the facts of this case, the Department agrees to waive the remaining penalties sought for this violation.



4. The parties further agree that this settlement is with prejudice.



I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This court retain continuing jurisdiction to enforce this Order.



AND IT IS SO ORDERED.







RAY N. STEVENS

Administrative Law Judge



November 16, 2000

Columbia, South Carolina



WE SO CONSENT:



By:  

Carol I. McMahan

Attorney for Petitioner



By:  

Robert Rikard

Attorney for Respondents


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court