ORDERS:
ORDER
This matter came before me for a status conference to determine the impact of a Decision and
Order issued by Chief Judge Marvin F. Kittrell of the Division in the case, South Carolina
Department of Revenue and Taxation (DOR) vs. Rosemary Coin Machines, Inc., Docket No.
95-ALJ-17-0498-CC. That case involved a citation issued by DOR relating to the licensing of
video poker machines with multi-player stations. Judge Kittrell's order provides that the
amendments to S.C. Code Ann. §12-21-2720(C) effective July 1, 1995 that require a separate
license for each station of a machine with multi-player stations are prospective in application.
Thus, any licenses for multi-player station machines which were properly issued before July 1,
1995 remain in effect until the end of that license period. A license for each station is not required
on July 1, 1995 for multi-player station machines already displaying a valid license. This Order is
the subject of a Motion for Reconsideration filed by the Department on January 9, 1996.
The parties also indicate that a case involving similar issues is pending before the circuit court in
Richland County. The case of Andrews Amusement Company vs. South Carolina Department of
Revenue and Taxation bearing Docket No. 95-CP-40-3618 involves among other issues, a
request for an injunction to allow video operators to continue to operate without fear of the
Department issuing citations relating to licensing under S.C. Code Ann. § 12-21-2720(C) on
multi-player station video poker machines until a final judgement on the interpretation of the
amendments is rendered.
Based upon these factors, both parties again have requested that this pending case be held in
abeyance. Therefore it is,
ORDERED, that in the interest of judicial economy and to prevent potential inconsistent rulings
in the enforcement, this matter is STAYED.
It is further ORDERED, that another status conference will be conducted within ten (10) days
after receipt of an order in either the Rosemary Coin Machines case or the Andrews Amusement
case. All parties are under a continuing duty to provide a copy of any orders issued to this
Division with service of same on opposing counsel.
AND IT IS SO ORDERED.
__________________________
ALISON RENEE LEE
Administrative Law Judge
January ______, 1996
Columbia, South Carolina |
