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. Flamingo Video of Devine Street and Ernest Jack Tatum, III,

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Flamingo Video of Devine Street and Ernest Jack Tatum, III,
 
DOCKET NUMBER:
95-ALJ-17-0172-CC

APPEARANCES:
n/a
 

ORDERS:

SETTLEMENT ORDER

This matter comes before me on the citation issued by the South Carolina Department of Revenue and Taxation against the respondents for violation of the Video Game Machines Act [S.C. Code Ann. § 12-21-2770 - 3070 (Supp. 1994)]. Respondents were cited for having more than eight machines licensed under S. C. Code Ann. § 12-21-2720(A)(3) (Supp. 1994) at a single place or premises. A hearing was scheduled for August 10, 1995. Prior to the hearing, the parties reached an agreement resolving the matter, and that agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents agree to pay a fine of $17,000 for the single place or premises violation to Petitioner by November 6, 1995.

2. Respondents now state that they are in compliance with the regulations defining a single place or premises, and will remain in compliance with those regulations.

3. In consideration of the above, and pursuant to S. C. Code Ann. § 12-4-320(3) (Supp. 1994) Petitioner agrees not to seek the revocation of the licenses of the machines located in the subject structure for the particular violations cited in this action.

4. This settlement is deemed and found to be a compromise of a settled and disputed claim, and is not deemed or found to be a violation of the Video Game Machines Act.

5. Nothing in this settlement Order shall be construed to allow the continued operation of machines in a county that voted against the continued operation of such machines in the recent public referendum.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption.

WE SO CONSENT:

By: _________________________________

Nicholas P. Sipe, Chief Counsel for

Regulatory Litigation

Attorney for Petitioner

By: _______________________________

David Belding, Esq.

Attorney for Respondents

IT IS SO ORDERED.



____________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

August 16, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court