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. New Wave Enterprises, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
New Wave Enterprises, Inc., Hugh Andrews II, and Slots of Fun, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0295-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 a violation of the Video Game Machines Act, S.C. Code Ann. § 12-21-2804(A) (Supp. 1997). On June 13, 1996, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. § 12-21-2720(A)(3)(Supp.1997) (referred to as "Class III" machines) at a single place or premise, in violation of § 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190(Supp. 1997) at 1618 Charleston Highway, West Columbia, S.C. A Department determination was issued sustaining the imposition of the violation. The determination sought revocation of ten Class III machine licenses, that no licenses will be allowed for use in the location for a period of six (6) months from the date of revocation and a $5,000.00 monetary penalty against each Respondent.

Prior to the hearing on this matter scheduled for September 4, 1998, 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 to pay a fine in the amount of $4,000 within 10 days from the entry of this Order.

2. All licenses that the Department seeks to revoke expired during the appeal of this violation;

3. Respondents are no longer operating any video game machines at the subject location as the businesses are now closed and will remain closed for at least six months from the date of this Order;

4. The Department agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

I find the above settlement to be fair and equitable, approve such settlement, and hereby ORDER its adoption. The 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.

IT IS SO ORDERED.

________________________________

Ralph King Anderson, III

Administrative Law Judge

September 3, 1998

Columbia, South Carolina

WE SO CONSENT:



___________________________

Jeff Nelson

Attorney for Petitioner



__________________________

James M. Griffin

Attorney for Respondent Hugh Andrews



__________________________

S. Jahue Moore

Attorney for Respondents New Wave Enterprises

and Slots of Fun, Inc.


Brown Bldg.

 

 

 

 

 

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