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. American Amusement Company, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
American Amusement Company, Globe Video Company, Four Queens Management Company, Inc., LAM, Inc., d/b/a Ashleigh Place, d/b/a Scott's Place
 
DOCKET NUMBER:
97-ALJ-17-0318-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent American Amusement Company of a citation by the Petitioner South Carolina Department of Revenue ("Department") against the American Amusement Company and Globe Video Company for an alleged violation of the Video Games Machines Act ("Act"), S.C. Code Ann. § 12-21-2804(A)(Supp. 1996) on August 29, 1996. The citation issued on that date was for a violation of that provision of the Act limiting the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. § 12-21-2804(A); 27 S.C. Code Regs Ann. 117-190. The Regulatory Violation and Assessment Report sought revocation of five (5) Class III licenses 3809836, 3809837, 3809838, 3809839, 3809840 issued to the Respondent American Amusement and located in the Globe Video room at 114-A Glassmaster Road, Lexington, SC 29072 ("Globe Video room"), that no licenses be issued for the operation of machines in the Globe Video Room for a period of six (6) months, and the imposition of $5,000.00 monetary penalties against Globe Video Company and American Amusement. A final Agency Determination was issued by the Department sustaining the imposition of the fines and penalties assessed in the violation report and further concluding that a $5,000.00 penalty should also be imposed against Four Queens Management, Inc. For an identical violation of 12-21-2804(A) at Planet Vegas, 114 Glassmaster Road, Lexington, SC 29072, ("Planet Vegas") that no licenses should be issued for a period of six months for the operation of machines as Planet Vegas, and that the five licenses located in Planet Vegas should be revoked. In an amended prehearing statement filed 8/4/97, the Department stated that it was only requesting revocation of five (5) Class III licenses issued to the Respondent American Amusement and located in the Globe Video room, that no licenses be issued for the operation of machines in the Globe Video room for a period of six (6) months, and the imposition of $5,000.00 monetary penalties against Globe Video Company and American Amusement. The Department no longer sought a $5,000.00 fine or any penalty against Four Queens Management, Inc. or American Amusement for the alleged violation at Planet Vegas.

A hearing was scheduled in this matter before the Court on December 2, 1997. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Class III licenses in dispute, 3809836, 3809837, 3809838, 3809839, 3809840, are revoked as of December 1, 1997, and will be submitted to the Department by December 1, 1997.

2. Respondents further agree to not place, maintain, or operate any Class III video games machines in the Globe Video room for a period of six (6) months commencing on December 1, 1997. The Department agrees that from the date of this Order until December 1, 1997 that the Respondents are and shall be allowed to continue to operate any video game machines currently located in the Globe Video room; provided; however, that Respondents otherwise follow and obey all statutes and regulations pertaining to the licensing and operation of such machines.

3. The Department agrees, pursuant to S.C. Code Ann. § 12-4-320(3) (Supp. 1996) to waive the remaining monetary penalties sought for this violation from the Respondents.

4. The parties further agree and understand that this is a compromise and settlement of a contested penalty, is not an admission of guilt by the Respondents, and is entered by the Department under the authority provided it in S.C. Code Ann. 12-4-320(3) to compromise such matters.

Having reviewed this agreement and settlement in compromise, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.

_______________________________ _____________________________

Carol I. McMahan Zoe Sanders Nettles

Counsel for Regulatory Litigation Attorney for Respondents American

P.O. Box 125 Amusement, Globe Video Company,

Columbia, SC 29214 Four Queens Management

(803) 898-5163 Company, Inc., LAM, Inc. d/b/a

Ashleigh Place d/b/a Scott's Place

IT IS SO ORDERED.



_____________________________________

The Honorable Stephen P. Bates

Administrative Law Judge

Columbia, South Carolina

November 12, 1997


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court