South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Baird and Cavalcante, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Baird and Cavalcante, Inc., Laura Jarvi, Isabelle Cavalcante, Partnership, d/b/a Royal Video Games
 
DOCKET NUMBER:
96-ALJ-17-0545-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

STATEMENT OF THE CASE

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1996)]. On June 7, 1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)(Supp. 1996) (referred to a Class III licenses) at a single place or premises, in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Baird and Cavalcante, Inc.'s eight (8) Class III licenses, that no licenses will be used for the operation of machines at that location for a period of six (6) months and a total monetary penalty in the amount of $5,000.00 against Respondents.

A hearing on this matter was scheduled by the Administrative Law Judge Division for April 9, 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 Baird and Cavalcante, Inc., agrees to the revocation of and to surrender the following eight (8) Class III machine licenses that were on the premises of the Room Royal Video Games and Room 2 (No retail license) located at 208 Rosemary Street, Williston, South Carolina, to the Department no later than ten days following the entry of this Order:

Royal Video Games Room 2, (No Retail License)

025535 025503

025536 025502

025537 025501

025504 025500

2. Respondents further agree not to operate or to allow the operation of the machines at the rooms cited above, for a period of six months. This six month suspension also begins no later than ten days following the entry of this Order.

3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for

this violation as to the Respondents set forth herein. The Department further agrees that the revocation of the licenses cited above does not affect the machines to which those licenses are attached, and those machines may be re-licensed on another premises.

4. The parties agree that this is a settlement of a contested matter and is not an admission of wrongdoing by the licensees.

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: _________________________

James M. Griffin

Attorney for Respondents



AND IT IS SO ORDERED.



___________________________________

Honorable Marvin F. Kittrell

Chief Judge

Columbia, South Carolina

March 31, 1997


Brown Bldg.

 

 

 

 

 

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