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 |
