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. Ingram Investments, Inc. (Worldwide) Satellites, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Ingram Investments, Inc. (Worldwide) Satellites, Hilton Head Amusement Co., d/b/a Cherry Fruit Stand, d/b/a Blackjack Video
 
DOCKET NUMBER:
97-ALJ-17-0313-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1996)]. On June 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 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 Ingram Investments, 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 September 26, 1997, the parties worked out an agreement of this matter. That agreement is incorporated into this order.





1. Respondent Ingram Investments, Inc. admits they are the owner of Class III license Nos. 3800043, 3800042, 3800041, 3800047, 026374, 026373, 026356, and 026357 maintained for the operation of video poker machines at Hwy 17A, Hardeeville, South Carolina, in the locations known as Cherry Fruit Stand and Blackjack Video, on June 13, 1996.

2. They further admit that the locations known as Cherry Fruit Stand and Blackjack Video located at Hwy 17A, Hardeeville, South Carolina, were open for business on June 13, 1996. Also, Ingram Investments, Inc. admits that the location did not meet the requirements of

Section 12-21-2804(A) and Regs. 117-190 on June 13, 1996.

3. Respondent Ingram Investments, Inc. admits the violation and submits to revocation of the eight (8) licenses noted above.

4. Respondent agrees not to operate, and to prohibit the use of Class III licenses and machines at the locations Cherry Fruit Stand and Blackjack Video, located at Hwy 17A, Hardeeville, Williston, South Carolina, for a period of six months. This six month suspension is effective within ten (10) days of my signing this order. (Cherry Fruit Stand and Blackjack Video are accurately depicted on the attached diagram.)

5. That Respondent agrees to surrender to the Department Class III license Nos. 3800043, 3800042, 3800041, and 3800047 within ten (10) days of my signing this order.

6. In consideration of the above, the Department waives the remaining monetary penalty in satisfaction of Ingram Investment, Inc.'s liability as to this violation.

7. As Class III license Nos. 026374, 026373, 026356, and 026357, located at

Hwy 17A, Hardeeville, South Carolina on June 13, 1996, have expired, the Department no longer seeks their surrender.





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: ____________________________

Donald B. Clark

Attorney for Respondent

AND IT IS SO ORDERED.

______________________________

Honorable Stephen P. Bates

Administrative Law Judge



October 16, 1997

Columbia, South Carolina

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NOTE: PLEASE SEE FILE FOR ATTACHED DIAGRAMS WHICH ARE PART OF THIS ORDER (THREE PAGES OF ATTACHMENTS)


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