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. Don L. Chase, Jr., d/b/a Grand Games, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Don L. Chase, Jr., d/b/a Grand Games, W.A. Sutherlin, It's A Game, Inc., d/b/a, French Riviera, d/b/a Nevada
 
DOCKET NUMBER:
97-ALJ-17-0138-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. § 12-21-2804(A) (Supp. 1996)]. On June 13, 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 Chases's and Sutherlin'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 monetary penalty in the amount of $5,000.00 against each Respondent.

A hearing on the matter was scheduled for July 8, 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. Respondents agree not to operate or to allow the operation of Class III machines in the rooms doing business as French Riviera and Nevada located at 2907 Highway 17 North, Atlantic Beach, South Carolina, for a period of six months. (These rooms are accurately depicted on the attached diagram). This six month suspension begins no later than 5:00 p.m. on Wednesday, May 21, 1997.

2. In consideration of the above, and pursuant to S.C. Code Ann. § 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for this violation as to each of the Respondents set forth herein. As the ten licenses located at 2907 Highway 17 North, Atlantic Beach, South Carolina on June 13, 1997, have expired, the Department no longer seeks their revocation.

3. 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 MOVE:

By: _______________________________

Carol I. McMahan

Counsel For Regulatory Litigation

Attorney For Petitioner

WE SO CONSENT:

By:________________________________

Richard A. Harpootlian

Attorney For Respondents



AND IT IS SO ORDERED.



___________________________

JOHN D. GEATHERS

Administrative Law Judge



June 2, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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