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. Sammy J. Coley, Diversified Enterprises, Inc., of Fort Mill, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Sammy J. Coley, Diversified Enterprises, Inc., of Fort Mill, d/b/a J.S.W. Amusement, Jimmy L. McMurray, d/b/a Dueces Wild Room 1, Larry L. Wolfe
 
DOCKET NUMBER:
97-ALJ-17-0357-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. Section 12-21-2804(A) (Supp. 1996] which occurred on January 9, 1997. On May 29, 1997, 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 Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Sammy J. Coley's seven (7) and Respondent Diversified Enterprises, Inc. of Fort Mill's two (2) 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 against each Respondent.

A hearing on the matter was scheduled for September 25, 1997. Prior to the hearing, 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. As the nine Class III licenses located at Route 2, Box 98 Chester Highway, Winnsboro, South Carolina on January 9, 1997, have expired, the Department no longer seeks their surrender.

2. Sammy J. Coley, the current retailer at Route 2, Box 98 Chester Highway, Winnsboro, South Carolina, agrees not to operate or to allow the operation of Class III machines in the room doing business as Sammy J. Coley at this location for a period of six months. (This room is accurately depicted on the attached diagram). This six month suspension is effective upon the signing of this order.

3. In consideration of the above, and pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996), the Department agrees to waive the $5,000.00 monetary penalty sought for this violation as to each of the Respondents set forth herein.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. This Court maintains 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: __________________________

Richard A. Harpootlian

Attorneys For Respondents

AND IT IS SO ORDERED.

____________________________

Honorable John D. Geathers

Administrative Law Judge



August 12, 1997

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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