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. Johnny Crosby, d/b/a Sport's Page Amusement, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Johnny Crosby, d/b/a Sport's Page Amusement, d/b/a Sport/s Page Bar &
Grill, Martha A. Worrell, Michael Spence, Midlands Gaming Corporation
 
DOCKET NUMBER:
97-ALJ-17-0209-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 12-21-2804(A)(Supp. 1996)]. On June 13, 1996, Respondents were cited for having more than five licenses acquired pursuant to SC. 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 Respondent Martha A. Worrell, Michael Rodney Spence, and Midland Gaming Corporation's ten (10) Class III licenses, that no licensees 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 16, 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 follow:

1. Respondents agree not to operate or to allow the operation of Class III machines in the room doing business as Sports Page Amusement located at 10029 Broad River Road, Irmo, South Carolina, for a period of six months. (This room is accurately depicted on the attached diagram). This six month suspension begins upon receipt of this signed 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 ten licenses located at 10029 Broad Rive Rd., Irmo, South Carolina, on June 13, 1997, have expired, the Department no longer seeks their revocation.

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:_____________________

Dana R. Krajack

Attorney for Respondents

AND IT IS SO ORDERED.





_______________________________

Honorable Ralph King Anderson, III

Administrative Law Judge

July 9, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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