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. Brantley Amusements Michael Pirtle, d/b/a Trader Jack's Video Poker Parlor

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Brantley Amusements Michael Pirtle, d/b/a Trader Jack's Video Poker Parlor
 
DOCKET NUMBER:
96-ALJ-17-0544-CC

APPEARANCES:
n/a
 

ORDERS:

SETTLEMENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of

Revenue ("Department") against Respondent Brantley's Amusement, ("Brantley") for violation

of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A)(Supp.1995)]. On

June 17, 1996, Respondent Brantley was cited for having more than five Class III machine

licenses at a single place or premises, in violation of S.C. Code of Laws Ann. Section 12-21-2804(A)(Supp.1995) and S.C. Code Ann. Regs. 117-190 (Supp.1995). A Department

Determination was issued on November 19, 1996, sustaining the imposition of the violation.

The determination sought revocation of Respondent Brantley's nine Class III machine licenses,

that no licenses will be issued for use in that location for a period of six (6) months and a

$5,000.00 monetary penalty.

A hearing by the Administrative Law Judge Division was scheduled for February 12, 1997. Prior to the hearing, the parties worked out an agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondent Brantley agrees to surrender the following Class III machine licenses to the Department no later than 5:00 pm on February 12, 1997: Nos. 025015, 025013, 025011, 025012, 025014, 025094, 025093, 025085, 025362.

2. Respondents further agree to submit to a six month suspension of licensing for Class III machines at the two areas known as Trader Jacks Video Poker Parlor, Retail License No. 00604583-5 and Trader Jacks Video Poker Parlor, Retail Licenses No. 0060407-7 located at 1112-1/2 Dunbarton Rd., Barnwell, South Carolina. This suspension also begins February 12, 1997.

3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp.1995), Petitioner agrees to waive the $5,000.00 monetary penalty sought for this violation.

I find the above settlement to be fair and equitable, approve such settlement and hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with prejudice.

WE SO CONSENT:

By:________________________

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

By:__________________________

Kenneth E. Allen

Attorney for Respondent

By:__________________________

Michael Pirtle

d/b/a Trader Jack's Video Poker Parlor



AND IT IS SO ORDERED.





______________________________

Honorable Ralph King Anderson, III

February 11, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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