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. Donald W. Hornsby, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Donald W. Hornsby and Walter T. Hutto, dba Carolina Games, Rainbow Inn & Deli, Inc., and Beau Gators, Inc.
 
DOCKET NUMBER:
95-ALJ-17-0353-CC

APPEARANCES:
n/a
 

ORDERS:

SETTLEMENT ORDER

This matter comes on before me upon Motion of the parties as an agreed upon settlement. Respondents were cited for a violation under the Video Game Machines Act for operating more than one business upon a single premises under Section 12-21-2804(a). A Hearing has been scheduled for August 9, 1995. The parties have reached an agreement resolving this matter in contention and that agreement is incorporated in this Order.

The agreement between the parties is basically as follows:

1. The Respondents have closed their business operation at 1008B, Highway 17 North in Myrtle Beach, South Carolina and agree that they will not reopen and operate any machines at that location for a period of at least 6 months.

2. The Respondents agree to pay a negotiated settlement of $5000 to the Petitioner within 30 days from the date of this Order.

3. In consideration of the actions taken by the Respondents, the Petitioner, pursuant to Section 12-4-320(3) will not seek to revoke the licenses of the machines that were located at 1008B Highway 17 North, Myrtle Beach, South Carolina.

4. This Settlement is deemed and found to be a compromise of a disputed claim and is not deemed or found to be an admitted violation of the Video Games Machine Act.



I find that the above Settlement is fair and equitable and therefore approve such Settlement and Order its adoption.

WE DO SO CONSENT:



BY:_______________________________

Nicholas P. Sipe

SC Department of Revenue and Taxation

Attorney for Petitioner

BY:________________________________

H. Buck Cutts

Attorney for Respondents

IT IS SO ORDERED.



_________________________________

Stephen P. Bates

Administrative Law Judge

August 14, 1995

Columbia, SC


Brown Bldg.

 

 

 

 

 

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