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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Nic's Pic Kwik of South Carolina, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Nic's Pic Kwik of South Carolina, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0686-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Nic's Pic Kwik of South Carolina, Inc. ("Nic's") of a citation issued by the South Carolina Law Enforcement Division ("SLED") against Nic's for a violation of the Video Games Machines Act ("Act"), S. C. Code Ann. Sections 12-21-2748 and 12-21-2802 (Supp. 1996) on January 23, 1997 at Respondent's store located at 101 Tatum Avenue, McColl, South Carolina. The citation issued to Respondent on that date was for three separate violations each of the provisions of the Act regarding owner/operator identification (Sec. 12-21-2748) and penalty signs (Sec. 12-21-2802) on Class III machines. A proposed assessment was issued to the Respondent by the South Carolina Department of Revenue ("Department') on June 19, 1997. The assessment report imposed monetary penalties against Nic's in the amount of $2,500 per machine for violations of the owner identification provision of the Act and $300.00 per machine for violations of the penalty sign provision of the Act. A Final Agency Determination was issued by the Department on November 5, 1997, sustaining the imposition of fines for the above listed offense totaling $8,400.

The Department transmitted the Respondent's appeal to the Administrative Law Judge Division on November 17, 1997. This case was assigned to Judge Stevens and the Department subsequently filed and served a Prehearing Statement and Exchange of Evidence with the ALJD and Respondent on December 4, 1997. Prior to a hearing being scheduled in this case, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent agrees to pay a fine of $1,800.00; $500.00 for each of the three violations of the owner/operator identification provision of Section 12-21-2748 and $300.00 for each of the three violations of the penalty sign provision of Section 12-21-2802. Respondent further agrees to pay the aforesaid amount to the Departments within 15 days of the signing of this Order by the Court.

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

3. The parties further agree and understand that this is a compromise and settlement of a contested penalty 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, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





Jeffrey M. Nelson Ken Nichols

Counsel for Regulatory Litigation Pro Se, on behalf of Respondent

P. O. Box 125 Nic's Pic Kwik of South Carolina, Inc.

Columbia, SC 29214 P. O. Box 1206

(803) 737-4426 Laurinburg, NC 283-1626



IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge

January 5, 1998

Columbia, South Carolina





Please Note: Consent Order prepared by Petitioner's Attorney, Jeffrey M. Nelson.


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