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. Brother's's Amusement, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Brother's's Amusement, Inc., Video Arcade, Inc., d/b/a Full House Games, and Timothy Hayes, d/b/a The Arcade
 
DOCKET NUMBER:
95-ALJ-17-0187-CC

APPEARANCES:
William Todd, Esquire for Petitioner

H. Fred Kuhn, Jr., Esquire for Respondents
 

ORDERS:

ORDER AND DECISION

This matter comes before me on the citation issued by the Department of Revenue and Taxation against the Respondents 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 June 13, 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 locations known as Full House Games and The Arcade at 2 Heritage Place, Hilton Head, South Carolina to eight machines immediately, but not later than 5:00 p.m. Wednesday, June 14, 1995. This includes all businesses located within the structure at that address.

2. No more than eight class III machines will be operated or permitted to operate at the structure located at 2 Heritage Place known as The Arcade and Full House Games in Hilton Head, 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 or the Administrative Law Judge Division.

3. No more than eight class III machines will be operated or permitted to operate at the structure located at 2 Heritage Place, known as The Arcade and Full House Games in Hilton Head, 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. The Respondents collectively agree to pay $7,500 fine within fifteen (15) days of the date of this Order. No other punitive measures will be taken by the Department and nothing in this agreement shall affect any future requests for issuance of any licenses.

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



June _____, 1995

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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