South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

SCDOR vs. Capital Amusements, Inc., et al

South Carolina Department of Revenue

South Carolina Department of Revenue

Capital Amusements, Inc., KAO Wentsu d/b/a Black Jack and d/b/a Wild Jack




This matter was initiated by a citation issued by the South Carolina Department of Revenue (herein after "Department") against the 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 (5) licenses acquired pursuant to S. C. Code Ann. § 12-21-2720(A)(3) (Supp.1996) (hereinafter "Class III Licenses") at a single placed or premises, in violation of §12-21-2804(A) and 27 S.C. Code Regs. 117-190 (Supp.1996). The Respondents made written protest of the citation and the Department issued a Final Determination and Amendment to Violation on January 17, 1997, sustaining the imposition of the violation. The determination sought revocation of Respondent Capital Amusements, Inc.'s fifteen (15) Class III Licenses, that no licenses be used at the location for a period of six (6) months and a monetary penalty in the amount of Five Thousand and no/100 ($5,000.00) Dollars against each Respondent.

The parties have reached an agreement to resolve the matter and have incorporated said agreement into this Order.

The agreement between the parties is as follows:

1. Capital Amusements, Inc. will surrender the fifteen (15) licenses listed in the Final Determination dated January 17, 1997, to the Department within ten (10) days of the entry of this Order.

2. Respondents agree not to operate or to allow the operation of Class III machines in the rooms doing business as Black Jack, Wild Jack and Room 3, said rooms being shown on the diagram attached hereto and incorporated into his Order as Exhibit A for a period of six (6) months. The six (6) month suspension shall be effective upon the signing of this Order.

3. In consideration of the above, and pursuant to S. C. Code Ann. § 12-4-320(3) (Supp. 1996), the Department agrees to waive the Five Thousand and no/100 ($5,000.00) Dollar monetary

penalty sought for this violation as to each of the Respondent 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 § 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 that this matter be Dismissed with Prejudice.



Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

July 22, 1997



Nicholas P. Sipe

Chief Counsel Regulatory Litigation

Attorney for the Petitioner



W. Joseph Moore, Jr.

Attorney for the Respondents

Brown Bldg.






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