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. James R. McDonald, Jr., d/b/a McDonald Amusements, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James R. McDonald, Jr., d/b/a McDonald Amusements, Oscar W. Tysinger, III, Jeff Martin, d/b/a Riverboat Games, A,B,C, and D
 
DOCKET NUMBER:
97-ALJ-17-0211-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal by the Respondents of a citation issued by the South Carolina Department of Revenue for violations of the Video Game Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A)(Supp. 1996), on June 13, 1996. The citation issued to Respondents on that date was for violations of the provisions of the Act limiting the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. Section

12-21-2804(A); 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment Report sought revocation of twenty (20) Class III licenses, fifteen (15) issued to Respondent McDonald Amusements and five (5) to Respondent Oscar Tysinger, that no licenses be issued for the operation of machines at the Riverboat Games location for a period of six (6) months, and a monetary penalty in the amount of $5,000 each against Respondents McDonald, Tysinger, and Martin. A Final Agency Determination was issued by the Department sustaining the imposition of the fines and penalties assessed in the violation report.

A hearing was schedueled in this matter before the Court on August 25, 1997. Prior to



the hearing, an agreement was reached with all parties resolving this matter on the following terms and conditions:

1. The licenses on the machines located at the Riverboat Games establishment expired on, or prior to, May 30, 1997. The issue of license revocation is therefore moot and no longer at issue.

2. That Jeff Martin and James R. McDonald, Jr., d/b/a McDonald Amusements, agree not to operate or allow the operation of Class III machines in rooms and or premises doing business as Riverboat Games B, C, and D located at 92 #5, Hwy. 17 South, North Myrtle Beach, South Carolina for a period of six (6) months. The aforesaid six (6) month period is effective upon the signing of this Order.

3. In consideration of the above, the Department agrees to allow the continued operation of five (5) licensed Class III machines in the room/place operated by Respondent Martin doing business as Riverboat Games A. The Department further agrees, pursuant to S.C. Code Ann.

Section 12-4-320(3) (Supp. 1996) to waive the monetary penalties sought for this violation from each of the Respondents in this case.

4. The parties further agree and understand that this is a compromise and settlement of a contested penalty and is entered by the Department under the authority provided in S.C. Code

Ann. Section 12-4-320(3) to compromise such matters.

Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.

______________________________ __________________________________

Jeffrey M. Nelson, Esq. Richard A. Harpootlian, Esq.

Counsel for Regulatory Litigation Attorney for Respondents James R. McDonald

Attorney for the Petitioner and Jeff Martin



___________________________________

Darrell Thomas Johnson, Jr.

Attorney for Respondent Oscar W. Tysinger, III



IT IS SO ORDERED



__________________________

Stephen P. Bates

Administrative Law Judge

November 10, 1997


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