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. Michael W. Mims, d/b/a Palmetto Games, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Michael W. Mims, d/b/a Palmetto Games, Hair Force of Columbia, Inc., d/b/a Lady Luck Video Parlor, and Kenneth J. King d/b/a Columbia Backgammon Club
 
DOCKET NUMBER:
95-ALJ-17-0183-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE

These matters come before me on the citations issued by the Department of Revenue and Taxation against respondents for violation of the South Carolina Video Game Machines Act, S.C. Code Ann. § 12-21-2770, et seq. Respondents are cited for having more than eight machines licensed under the S.C. Code Ann. § 12-21-2720 (Supp. 1994) in a single place or premise. Hearings were scheduled for August 8, 1995. Prior to the hearings, the parties reached an agreement resolving this matter, and that agreement is incorporated into this Order.

(1) Michael W. Mims agrees to pay a $5,000.00 fine within 30 days of the date of entry of this Order.

(2) This settlement is deemed and found to be a compromise of a settled and disputed claim and is not deemed or found to be in violation of the Video Game Machines Act.

(3) With regard to the violations written at Hair Force of Columbia, Inc. d/b/a Lady Luck Video Parlor and Kenneth J. King d/b/a Columbia Backgammon Club, the total number of C.O.D. machines has been reduced to five machines. Any increase in the number of machines will be in compliance with the requirements of the Video Game Machines Act and regulations.

(4) With regard to the violations written at Lucky 7's and Lucky 7's II, these are two "single places and premises" for the purposes of the Video Game Machines Act.

Based upon the foregoing consent agreement by the parties, it is ordered that the above agreement is approved and these cases are dismissed with prejudice.

WE SO CONSENT:

NELSON MULLINS RILEY & SCARBOROUGH, L.L.P.

By:____________________________________

Dwight F. Drake

Carey T. Kilton

1330 Lady Street, Third Floor

Post Office Box 11070

Columbia, SC 29211

(803) 799-2000

Attorneys for Respondents

By:_____________________________________

Nicholas P. Sipe

Chief Counsel for Regulatory Litigation

Attorney for Petitioner South Carolina

Department of Revenue and Taxation

IT IS SO ORDERED.



_____________________________

Judge Stephen P. Bates

Administrative Law Judge

August 11, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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