South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Dixie Amusements of Lancaster, Inc. and Dixie Food Mart, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Dixie Amusements of Lancaster, Inc. and Dixie Food Mart, Inc.
 
DOCKET NUMBER:
97-ALJ-17-0701-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 violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1996)]. On January 16, 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 Ann. Regs. 117-190 (Supp. 1996). A Department Determination was issued sustaining the imposition of the violation based on Respondent' s failure to have an employee on the premises as required by Regs. 117-190. The determination sought revocation of Respondent Dixie Food Marta's five Class III licenses, that no licenses will be used for the operation of machines at this location for a period of six months and a monetary penalty in the amount of $5,000.00 against each Respondent.

Prior to a 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 Dixie Food Mart, Inc., agrees to the revocation of the five Class III licenses in use on January 16, 1997, at Route 1, Box 801J, Great Falls, South Carolina, in the room doing business as "Lamars." As these licenses have expired during the pendency of this appeal, 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 room, at the time of the violation, doing business as "Lamars" located at Route 1, Box 801J, Great Falls, South Carolina, for a period of six months (this room is accurately depicted on the attached diagrams). This six months suspension begins ten days from the signing of this Order.



3. Respondents further agree to remit to the Department a monetary fine in the amount of $500.00 for this violation. This payment will be remitted to the Department no later than 5:00 p.m., ten days from the signing of this Order.

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.





RAY N. STEVENS

Administrative Law Judge

January 23, 1998

Columbia, South Carolina

We Consent:

 

Carol I. McMahan

Counsel for Regulatory Litigation

Attorney for Petitioner

 

Francis L. Bell, Jr.

Attorney for Respondents



NOTE: Consent Order prepared by Petitioner's Attorney, Carol I. McMahan. Please see file for

Attachment of Diagrams.


Brown Bldg.

 

 

 

 

 

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