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. American Amusement, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
American Amusement, Randy Frazier, d/b/a Little Vegas, Larry B. Morris, d/b/a Church Street Station, and John O. Huggins
 
DOCKET NUMBER:
96-ALJ-17-0553-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

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 as Class III licenses) at a single place or premises, in violation of Section 12-21-2804(A) and 27 S.C. Code Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent American Amusement's ten (10) 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 monetary penalty in the amount of $5,000.00 against Respondent American Amusement Company.

Prior to the hearing on August 12, 1997, the parties worked out an agreement of this matter. That agreement is incorporated into this order.

1. Respondent American Amusement admits they are the owner of Class III license Nos. 043690, 043687, 043689, 043688, 043686, 025289, 025291, 025290, 025288, and 025287 maintained for the operation of video poker machines at 811 Church Street, Williston, South Carolina, in the locations known as Little Vegas and Church Street Station, on June 7, 1996.

2. They further admit that the locations known as Little Vegas and Church Street Station at 811 Church Street, Williston, South Carolina, were open for business on June 7, 1996. Also, American Amusement Co. admits that the location did not meet the requirements of Section 12-21-2804(A) and Regs. 117-190 on June 7, 1996.

3. Respondent American Amusement Co. admits the violation and submits to revocation of the ten (10) licenses noted above and to a monetary penalty in the amount of $500.00.

4. That Respondent John O. Huggins, owner of the location at issue, agrees not to operate, and to prohibit the use of Class III licenses and machines at the location Little Vegas, located at 811 Church Street, Williston, South Carolina, for a period of six months. This six month suspension is effective upon my signing of this order. (Little Vegas is accurately depicted on the attached diagram.)

5. In consideration of the above, the Department waives the remaining monetary penalty in satisfaction of American Amusement Co.'s liability as to the violation.

6. That as the ten licenses located at 811 Church Street, Williston, South Carolina on June 7, 1996, have expired, the Department no longer seeks their surrender.

7. That American Amusement Company no longer does business at this location and agrees not to operate any Class III machines at this location for a period of six months.

I find the above settlement to be fair and equitable to all parties, approve such settlement, and hereby order its adoption. This Court retains continuing jurisdiction to enforce this order. As the parties no longer require a hearing on this matter I also order this matter dismissed with prejudice.

WE SO MOVE:

By: ________________________________

Carol I. McMahan

Counsel For Regulatory Litigation

Attorney For Petitioner









WE SO CONSENT:

By: ________________________________

Zoe Sanders Nettles

Attorney For Respondent, American Amusement Co.



WE SO CONSENT:

By: ________________________________

John O. Huggins

AND IT IS SO ORDERED.



___________________________

Honorable John D. Geathers

Administrative Law Judge

August 7, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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