South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Tim's Amusement Co., WRM, Inc., d/b/a Sugar Shak II, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tim's Amusement Co., WRM, Inc., d/b/a Sugar Shak II, d/b/a Woo Woo's
 
DOCKET NUMBER:
97-ALJ-17-0278-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 7, 1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-212720(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 Tim's Amusement Co.'s ten (10) Class III licenses, that no licenses will be used for the operation of machines at that location for a period of six (6) months and a total monetary penalty in the amount of $5,000.00 against each Respondent, for total monetary penalties of $10,000.00.

A hearing on this matter was scheduled by the Administrative Law Judge Division for September 26, 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. Respondent Tim's Amusement Co. agrees to the revocation of and to surrender the Class III licenses 3803948 and 3803949 within ten days of this Order. As the remaining Class III licenses at issue have expired, the Department does not require their surrender.

2. Respondents further agree not to operate or to allow the operation of Class III machines at 1305 Lockhart Hwy, Union, South Carolina, in the Room depicted as "WRM, Inc." on the attached diagram for a period of six months. Such suspension begins no later than days from the entry of this Order.

3. In consideration of the above, the Department agrees to waive the monetary penalty sought for this violation as to each Respondent set forth herein. The Department further agrees that the revocation of the licenses cited above does not affect the machines to which those licenses are attached, and those machines may be re-licensed on other premises.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. This court retains continuing jurisdiction to enforce the terms of this Order. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice.







WE SO CONSENT:

By:______________________________

Carol I. McMahan

Counsel for Regulatory Litigation

Attorney for Petitioner



By: ______________________________

James M. Griffin

Attorney for Respondents



AND IT IS SO ORDERED.

__________________________

Honorable Stephen P. Bates

September 30, 1997

Columbia, South Carolina





NOTE: SEE CASE FILE FOR ATTACHMENT TO THIS ORDER


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