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. Great Games, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Great Games, Inc., Kim McDonald, d/b/a My Place, d/b/a Your Place, South
Carolina Amusement Company, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0005-CC

APPEARANCES:
Carol I. McMahan
Attorney for Petitioner

C. Tyrone Courtney
Attorney For Respondents

Great Games, Inc. and Kim McDonald
South Carolina Amusement Company, Inc.
Not present at hearing
 

ORDERS:

FINAL ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of S.C. Code Ann. § 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. § 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 Great Games, Inc.'s ten (10) Class III licenses, preclusions of the use of Class III machines at this location for a period of six (6) months, and a $5,000 monetary penalty against each Respondent.

At the hearing on this matter held on July 17, 1997, the parties stipulated to the following agreement:

1. Respondents Great Games, Inc. and Kim McDonald, admit that on June 7, 1996, they were in violation of Section 12-21-2804(A) and Regulation 117-190, by maintaining more than five Class III licenses for machines in a single place or premises. Specifically, on June 7, 1997, at 319 Church Street, Williston, South Carolina, the two rooms licensed as Kim McDonald, d/b/a My Place, d/b/a Your Place, did not meet the requirements of Regulation 117-190 because they failed to have separate utility meters and failed to each have a separate employee on the premises. Both rooms were open for business and each contained five Class III video game machines.

2. Based on the admission of the violation, Respondents agree not to operate or allow the operation of Class III machines in the rooms noted above located at 319 Church Street, Williston, South Carolina, for a period of six months. These rooms are accurately depicted in Petitioner's Exhibit #3. This six month suspension begins upon receipt of this signed order.

3. In consideration of the above, the Department agrees to waive the monetary penalty sought for this violation as to each of the Respondents set forth herein. As the ten (10) licenses at issue expired on May 31, 1997, the Department does not require Respondents to surrender these licenses.

4. The Department further agrees that the revocation of the licenses and the suspension of licensing as set forth above does not affect the machines to which those licenses were attached, and those machines may be re-licensed on other premises.

5. Respondent South Carolina Amusement Company, Inc. ("Amusement Company") was joined as a party because it holds the current retail licenses at the location at issue here and is affected by the six month suspension of Class III licensing at this location. Respondent Amusement Company was served with the Notice of Hearing; and, the Department entered into evidence correspondence transmitting all pleadings in this matter to Respondent Amusement Company.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. As Respondent South Carolina Amusement Company, Inc. failed to appear, I find the penalties set forth herein apply to South Carolina Amusement Company, Inc. as it is in default pursuant to ALJD Rule 23.

AND IT IS SO ORDERED.





John D. Geathers

Administrative Law Judge



July 25, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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