South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
 
DOCKET NUMBER:
97-ALJ-17-0691-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent Jeremiah, Inc., of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2748 (Supp. 1997)occurring on March 5, 1997, at "Sports of Mt. Pleasant", 816 Johnnie Dodds Blvd., Mt. Pleasant. The citation issued to Respondent on July 11, 1997, was for a violation of that provision of the Act requiring the posting of identification of the owner/operator of Class III video game machines on such machines. S.C. Code Ann. Sec. 12-21-2720 (A)(3) and 12-21-2748. The Regulatory Violation and Assessment Report sought the imposition of three $2,500.00 monetary penalties against the Respondent for its failure to have identification posted on three terminals of a multi-station Class III video game machine located at Sports of Mt. Pleasant, A Final Agency Determination was issued by the Department on November 12, 1997, sustaining the imposition of the penalties assessed in the violation report.

This is a first violation of the Video Games Machine Act by the Respondent. The Department and the South Carolina Law Enforcement Division have determined that, based on a reinspection of the premises, the Respondent is currently in compliance with all provisions of the Video Game Machines Act.

A hearing was scheduled in this matter before the Court on March 17, 1998. Prior to the hearing an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent Jeremiah, Inc. agrees to pay a fine of $500.00 in settlement of one of the three violations cited in the Department's July 11, 1997 citation and to make payment of the fine to the Department within 15 days of the date of this Order.

2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3)(Supp. 1996) to waive the remaining two violations and the additional monetary penalties sought for these violations 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, Esquire Justin Lucey, Esquire

Counsel for Regulatory Litigation Attorney for the Respondent

PO Box 125 300 Coleman Blvd. Suite 200A

Columbia, SC 29214 Mt. Pleasant, SC 29464

(803) 737-4426 (803) 849-8400



IT IS SO ORDERED.



_____________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

March 16, 1998


Brown Bldg.

 

 

 

 

 

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