South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. James R. McDonald, Jr., d/b/a McDonald's Amusements, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James R. McDonald, Jr., d/b/a McDonald's Amusements; Dan Lawson d/b/a The Fruit Stand, Hornet's Nest, Kat's Meow, Dan's Express, and Video's & More; Rhonda Dolphin d/b/a Knights Deli and R.D.'s Corner; Cynthia McDonald d/b/a Gold Nugget, High Rollers, Silver Dollar, Horse Shoe, and Flamingo; Cynthia Keith d/b/a Panther's Den; Tom K. Pate d/b/a Full House; Deborah Mangum d/b/a Lucky Lady and Double Deuce
 
DOCKET NUMBER:
95-ALJ-17-0142-CC

APPEARANCES:
Nicholas Sipe, Esquire and Harry T. Cooper, Esquire for Petitioner

Carey Kilton, Esquire and Richard Harpootlian, Esquire for Respondents
 

ORDERS:

ORDER AND DECISION

This matter comes before me on the citation issued by the Department of Revenue and Taxation against James McDonald for violating the provisions of the Video Game Machines Act relating to operating more than eight machines in a single place or premise. After notice to the parties, a hearing was scheduled for May 31, 1995. At the hearing, the parties reached a settlement of the issues involved and incorporate the terms into this Order.

The agreement between the parties is as follows:

1. The respondents will reduce the total number of class III machines in operation in the location known as Carowinds Boulevard Mall at 2740 Highway 21, Fort Mill, South Carolina by

5:00 p.m. Wednesday, May 31, 1995. This includes all businesses located within the structure at that address. The reduction in the number of machines may be accomplished by unplugging the machines not in use and turning them around so that the back of the machine faces outward.

2. No more than eight class III machines will be operated or permitted to operate at the structure located at 2740 Highway 21 known as Carowinds Boulevard Mall in Fort Mill, South Carolina until the effective date of the regulations issued by the Department and approved by the legislature defining the term "single place or premise". The anticipated effective date is June 23, 1995. In the event, the regulations do not become effective on June 23, 1995, additional machines may be placed in operation in the structure only upon consent of the Department.

3. No more than eight class III machines will be operated or permitted to operate at the structure located at 2740 Highway 21, known as Carowinds Boulevard Mall in Fort Mill, South Carolina until all separate businesses in that structure are in full compliance with the pending regulations defining a "single place or premise". Any structural changes shall be in full compliance with the appropriate building code. This compliance will be determined by an inspection by an agent of the Department. A disagreement as to compliance will be immediately brought before the Administrative Law Judge Division, and all parties waive all notice periods.

4. James McDonald agrees to pay a $25,000 fine within ten days of the date of this Order.

5. Nothing in the agreement set forth in this Order shall be construed as an admission of any violation on the part of the Respondents.



Based upon the foregoing consent agreement by the parties, it is

ORDERED, that the above agreement is approved and the case is DISMISSED.

AND IT IS SO ORDERED.





__________________________

ALISON RENEE LEE

Administrative Law Judge



May _____, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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