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. Ellico, Inc., d/b/a Sports, The Richards Company, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Ellico, Inc., d/b/a Sports, The Richards Company, Inc.
 
DOCKET NUMBER:
97-ALJ- 17-0508-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by citations 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 January 22, 1997, 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 Richard Company's ten 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. Respondent Ellico Inc. was also issued a citation for failure to post penalty signs as required by S.C. Code Ann. 12-21-2802 (Supp. 1996). The Department issued its Final Determination imposing a monetary penalty in the amount of $600.00, for this violation.

At the time scheduled for hearing on this matter, the parties entered into a consent agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Due to the violation, Respondent Richards Company agrees to the revocation of the ten Class III licenses in use on January 22, 1997 at 1970 Ashley River Road, Charleston, South Carolina. They further agree to surrender Class III license Nose 3801914 and 3801915 no later than 5:00 p.m. on Friday, November 21, 1997. As the remaining eight licenses have expired, the Department does not require their surrender.

2. Respondents further agree not to operate or to allow the operation of Class III machines in the physical location of the rooms, at the time of the violation, doing business as "Sports" and "SCS" located at 1970 Ashley River Road, Charleston, South Carolina.. (These rooms are accurately depicted on the attached diagram). This six month suspension begins Friday, November 21, 1997. Each Respondent further agrees to remit to the Department a monetary fine in the amount of $500.00 for this violation no later than Friday, November 21, 1997 (total monetary fines in the amount of $1,000.00).

3. Respondent Ellico Inc., further agrees to remit to the Department a monetary fine in the amount of $600.00 for the violation of Section 12-21-2802, no later than Friday, November 21, 1997.

4. In consideration of the above, the Department 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. The Department further 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.

AND IT IS SO ORDERED.

Honorable John D. Geathers

Administrative Law Judge

November 19, 1997

Columbia, South Carolina

We Consent:

Carol I. McMahan

Counsel for Regulatory Litigation



Bradley D. Churdar

Attorney for Respondent The Richards Co., Inc.

James H. Harrison

Attorney for Respondent Ellico, Inc.


Brown Bldg.

 

 

 

 

 

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