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Administrative Law Court
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SC Administrative Law Court Decisions

SCDOR vs. Wayne Sharpe, d/b/a Forest Drive Open Air Market - Suite B, et al

South Carolina Department of Revenue

South Carolina Department of Revenue

Wayne Sharpe, d/b/a Forest Drive Open Air Market - Suite B, d/b/a Sharpe's Music & Amusement Company




This matter came before the Court from an appeal of the Respondent Wayne Sharpe of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A) (Supp. 1996) on August 29, 1996. The citation issued to Respondent on that date was for a violation of that provision of the Act limiting the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. Sec. 12-21-2804(A); 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment Report sought revocation of five (5) Class III licenses issued to the Respondent, that no licenses be issued for the operation of machines at the Forest Drive Open Air Market, Suite B, location for a period of six (6) months, and the imposition of a $5,000.00 monetary penalty. 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 scheduled in this matter before the Court on September 11, 1997. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The licenses on the four (4) of the machines located at the location in question have expired and the issue of their revocation is therefore moot. The fifth Class III license however, license number 3810011, does not expire until May, 1998. As to that license, the Department agrees to waive the revocation of that license in exchange for the payment by the Respondent to the Department the sum of $1,125.00 not later than fifteen (15) days after the entry and service of this Order by the Administrative Law Judge Division.

2. That the Respondent further agrees to not operate or allow the operation of Class III machines on the premises which on August 19, 1996 was doing business as Forest Drive Open Air Market, Suite B, for a period of six (6) months. The six (6) month period is effective upon the filing and service of this Order by the Administrative Law Judge Division.

3. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996) to waive the monetary penalties sought for this violation from the Respondent.

4. The parties further agree and understand that this is a compromise and settlement of a contested penalty, is not an admission of guilt by the Respondent, and is entered by the Department under the authority provided it in S.C. Code Ann. 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 James H. Harrison

Counsel for Regulatory Litigation Attorney for Respondents

P.O. Box 125 1819 Hampton Street

Columbia, SC 29214 Columbia, SC 29201

(803) 737-4426 (803) 256-0049



Administrative Law Judge

September 22, 1997

Columbia, South Carolina.

Brown Bldg.






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