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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Beverly Barton, Vegas Place I, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Beverly Barton, Vegas Place I, Inc., d/b/a VP Video I, d/b/a VP Video II, d/b/a VP Video III
 
DOCKET NUMBER:
97-ALJ-17-0291-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 November 1, 1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 1221-2720(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 Beverly Barton's fifteen (15)) Class III licenses,

that no licenses 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.

Prior to a hearing on this matter, 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. Respondents agree not to operate or to allow the operation of Class III machines in the rooms, at the time of the violation, doing business as VP Video I, VP Video II, and VP Video III, located at 5702 S. Kings Highway, Myrtle Beach, South Carolina, for a period of six months. (These rooms are accurately depicted on the attached diagram). This six month suspension begins upon receipt of this signed order. Respondent's further agree to remit to the Department a monetary fine in the amount of $500.00 for this violation within ten (10) days of receipt of this signed order.

2. In consideration of the above, and pursuant to S.C.Code Ann. 12-4-320(3) (Supp. 1996), the Department agrees to waive the remaining monetary penalty sought for this violation as to each of the Respondents set forth herein. As the fifteen licenses located at VP Video I, VP Video II, and VP Video III, located at 5702 S. Kings Highway, Myrtle Beach, South Carolina, on November 1, 1996, have expired, the Department does not require Respondents to surrender these licenses.

3. The Department further agrees that the revocation of the licenses and the suspension of licensing as set forth above does not affect the machines to which those licenses were 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. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.

______________________________

The Honorable Stephen P. Bates

Administrative Law Judge

Columbia, South Carolina

October 2, 1997

I CONSENT: I CONSENT:



___________________________ _________________________________

Carol I. McMahan David E. Belding

Attorney for Petitioner Attorney for Respondents





NOTE: SEE CASE FILE FOR ATTACHMENT TO THIS ORDER


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