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. Will Wheeler, d/b/a Hot Spot, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Will Wheeler, d/b/a Hot Spot, and Happy Jack Amusement Co., Inc., d/b/a Happy Jack Amusement Arcade
 
DOCKET NUMBER:
97-ALJ-17-0057-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

On June 13, 1996, Revenue Officers observed premises at 2115 Highway 501, Myrtle Beach, South Carolina, containing machines licensed under S.C. Code Ann. § 12-21-2720(A)(3) (Supp. 1996) that did not have an employee on the premises even though the premises were open for business. Petitioner cited Respondents Will D. Wheeler and Happy Jack Amusement Co., Inc., with administrative violations for violating S.C. Code Ann. § 12-21-2804(A) (Supp. 1996). Respondents consent to the revocation of the licenses cited below. Respondents agree not to operate or to allow the operation on the premises of the suites cited below any machine licensed under S.C. Code Ann. § 12-21-2720(A)(3) (Supp. 1996) for a period of six months from May 1, 1997.

The Respondents consent to the revocation of the following Class III video poker licenses that were on the premises of 2115 Highway 501, Myrtle Beach, South Carolina, on June 13, 1996:

Room 4: 036379

036378

036377

036381

036380

Respondents further consent to the effective date of revocation of the permits cited above to be midnight on Wednesday, April 30, 1997, and will deliver these permits to the Department of Revenue, Myrtle Beach Office, on Thursday, May 1, 1997.

Petitioner agrees not to seek the revocation of other permits in the structure of 2115 Highway 501, Myrtle Beach, South Carolina, and further agrees not to seek a monetary penalty for this offense. Petitioner and Respondents further agree that this agreement also resolves the single place or premises violation written at this same location on October 2, 1996. The room where Respondents are consenting to license revocation and agreeing not to operate video poker machines for six months, is the same room and the same machines cited on October 2, 1996. The parties further agree that this consent order does not resolve the dispute between the parties concerning an alleged failure to post owner identification on video poker machines on October 2, 1996.

I find that the agreement of the parties is a satisfactory resolution of the contested matter between the parties, is fair and reasonable, and hereby order its adoption.

IT IS SO ORDERED.

_____________________________

JOHN D. GEATHERS

ADMINISTRATIVE LAW JUDGE

May 1, 1997

Columbia, South Carolina

I SO MOVE:

______________________________

Nicholas P. Sipe

Attorney for Petitioner

South Carolina Department of Revenue

Post Office Box 125

Columbia, South Carolina 29214

(803) 737-4440



I CONSENT:

______________________________

Douglas L. Hinds, Esquire

Hinds, Cowan, Strange, Geer & Lumpkin

Post Office Drawer 1410

Georgetown, South Carolina 29442

(803) 527-2441


Brown Bldg.

 

 

 

 

 

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