South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. O & J Management, Inc., (Lucky 7)

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
O & J Management, Inc., (Lucky 7)
 
DOCKET NUMBER:
96-ALJ-17-0476-CC

APPEARANCES:
Nicholas Sipe, Esquire for Petitioner

Richard Harpootlian, Esquire for Respondent
 

ORDERS:

ORDER AND DECISION

This matter was before the Administrative Law Judge Division for an administrative violation issued to O & J Management, Inc., (Lucky 7), located at 477 East Blackstock Road, Spartanburg, South Carolina by the South Carolina Department of Revenue (Department). The Department alleges that O & J Management, Inc. failed to procure and display a license for a Class III game machine pursuant to S.C. Code Ann. § 12-21-2804(A)(3) (Supp. 1995) on February 2, 1996. The Department also cited the Respondent for operating more than five (5) game machines in a single place or premise in violation of S.C. Code Ann. § 12-21-2804 (Supp. 1995). After notice to the parties, a hearing was conducted on Monday, January 27, 1997.

Prior to the hearing, Counsel for both parties reached an agreement in settlement in the above referenced case. Counsel agreed that the Department would withdraw the citation for operating more than five (5) game machines on the premises pursuant to S.C. Code Ann. § 12-21-2804(A) (Supp. 1995). The Respondent admitted to the violation of failing to procure and display a license for one (1) machine. The unlicensed machine has been removed from the premises and the Department does not seek payment of the $2,000 license fee. The Respondent agreed to pay a fine of $2,500 for the violation.

Based upon the agreement of the parties, it is

ORDERED, that the Respondent, O & J Management, Inc., (Lucky 7), located at 477 East Blackstock Road, Spartanburg, South Carolina has violated the provisions of S.C. Code Ann. § 12-21-2720 by failing to obtain a license for a Class III game machine. It is further ORDERED that the Respondent shall pay the imposed fine of $2,500 to the Department within ten (10) days of this Order.

AND IT IS SO ORDERED.



____________________________

ALISON RENEE LEE

Administrative Law Judge



January ____, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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