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. Star Dust Amusements, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Star Dust Amusements, Inc., Jason Nivens, d/b/a Winners Choice, Janice R. Nivens, d/b/a Sinners Choice
 
DOCKET NUMBER:
97-ALJ-17-0285-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 May 13, 1996, 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 21-21-2804(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 imposed revocation of Star Dust Amusements, Inc.'s eight (8) 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 monetary penalty in the amount of $5,000.00 against each Respondent.

Prior to the hearing on August 15, 1997, the parties worked out an agreement of this matter. That agreement is incorporated into this order.

1. Respondent Star Dust Amusements, Inc., admits they are the owner of Class III license Nos. 043072, 043070, 044725, 043088, 044707, 044713, 044712, and 044714 maintained for the operation of video poker machines at 410 John . Calhoun Dr., Orangeburg, South Carolina, in the locations known as Winners Choice and Sinners Choice II, on May 13, 1996.

2. They further admit that the locations known as Winners Choice and Sinners Choice II, located at 410 John C. Calhoun Dr., Orangeburg, South Carolina, were open for business on May 13, 1996. Also, Star Dust Amusements, Inc., admits that the location did not meet the requirements of Section 12-21-2804(A) and Regs. 117-190 on May 13, 1996.

3. Respondent Star Dust Amusements, Inc. admits the violation and submits to revocation of the eight (8) Class III licenses noted above.

4. That Respondents Jason Nivens and Janice Nivens, owners of the locations at issue, agree not to operate, and to prohibit the use of Class III licenses and machines at the locations Winners Choice and Sinners Choice II, located at 410 John C. Calhoun Dr., Orangeburg, South Carolina, for a period of six months. This six month suspension is effective thirty (30) days after my signing of this order.

5. In consideration of the above, the Department waives the remaining monetary penalty sought from Respondents.

6. That, as the eight licenses located at 410 John C. Calhoun Dr., Orangeburg, south Carolina on May 13, 1996, have expired, the Department no longer seeks their surrender.

7. That Star Dust Amusements, Inc. no longer does business at this location and agrees not to operate any Class III machines at this location for a period of six months, effective thirty (30) days from my signing of this order.

I find the above settlement to be fair and equitable to all parties, approve such settlement, and hereby order its adoption. This Court retains continuing jurisdiction to enforce this order. 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:


Charles H. Williams

Attorney For Respondents



AND IT IS SO ORDERED.





ALISON RENEE LEE

Administrative Law Judge

August 13, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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