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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Castle Amusements, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Castle Amusements, Inc., Capital Amusements, Inc., D&H Partnership, d/b/a 544 Superstore, Frank Hurst, d/b/a Hide Away, III
 
DOCKET NUMBER:
97-ALJ-17-0149-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 12-21-2805(A) (Supp. 1996)]. On June 13, 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 Ann Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondents Capital Amusements, Inc.'s and Castle Amusements, Inc.'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 each Respondent.

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. As the ten licenses located at 505 Hwy 544, Conway, South Carolina on June 13, 1996, have expired, the Department no longer seeks their surrender.

2. Respondents agree not to operate or to allow the operation of Class III machines in the rooms doing business as 544 Superstore and Hide Away III at the location for a period of six months. (These rooms are accurately depicted on the attached diagram). This six month suspension is effective upon the signing of this order.

3. In consideration of the above, and pursuant to S.C. Code Section 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.

4. The parties agree that this is a settlement of a contested matter and is not an admission of wrongdoing by the licensees, pursuant to Section 12-4-320(3).

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: ______________________________

W. Joseph Moore

Attorney for Respondents

AND IT IS SO ORDERED.



_____________________________

Honorable Stephen P. Bates

Administrative Law Judge

June 30, 1997

Columbia, South Carolina







[NOTE: SEE CASE FILE FOR THE "ATTACHED DIAGRAM"]


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