SC Administrative Law Court Decisions

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 12-21-2804(A) (Supp. 1996)]. On June 13, 199, 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 Tim's Amusement, Inc.,'s and Reginald Swain's thirteen (13) Class III licenses⁽¹⁾, that no licenses will be used for the operation of machines at this location for a period of six (6) months and a monetary penalty in the amount of $5,000.00 against each Respondent.

A hearing on the matter was scheduled for July 23, 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, at the time of the violation, doing business as BJ's, Sunnyside, and Dilly Deli located at Route 1, Box 802 in Waterloo, South Carolina, for a period of six months. (These rooms are accurately depicted on the attached diagram). This six month suspension begins ten days from entry of this order.

2. In consideration of the above, and pursuant to S.C. Code Ann. 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. As the thirteen licenses located at Route 1, Box 802, Waterloo, South Carolina, on June 13, 1997, have expired, the Department does not require Respondents to surrender these licenses.

3. 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.

4. 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:

Attorney for Petitioner

WE SO CONSENT:

By:

Attorney for Respondents

AND IT IS SO ORDERED.

Administrative Law Judge

July 21, 1997

Columbia, South Carolina

1. Of the thirteen (13) Class III licenses at issue, Respondent Tim's Amusements, Inc., owns eight (8) of the licenses and Respondent Reginald Swain, owns five (5) licenses. All of these licenses expired on May 31, 1997.