South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. James V. Poore and Jamey Kennedy, d/b/a Vegas Amusements

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James V. Poore and Jamey Kennedy, d/b/a Vegas Amusements
 
DOCKET NUMBER:
97-ALJ-17-0718-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 November 22, 1996, 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 Respondents' failure to have a separate employee on each premises as required by Regs. 117-190. The determination sought revocation of Respondent James V. Poore's ten and Jamey Kennedy's three, 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. For the violation of Section 12-21-2804(A) and Regs. 117-190, failure to have an employee on each premises during business hours, Respondents James V. Poore and Jamey Kennedy agree to the revocation of the thirteen Class III licenses in use at J.V. Amusement & Service, J. V. Amusements and Big Screen Video, located at 1415 Hwy 17 S., N. Myrtle Beach, South Carolina, on November 22, 1996. As all thirteen of these 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 J. V. Amusement & Service, J. V. Amusements and Big Screen Video, 1415 Hwy 17 S., N. Myrtle Beach, South Carolina, for a period of six months (these rooms are accurately depicted on the attached diagram). This six month suspension begins March 15, 1998.

3. Respondents further agree to remit to the Department a monetary fine in the amount of $500.00 for each of the three rooms in violation. This payment will be remitted to the Department no later than 5:00 p.m. on March 15, 1998.

4. In consideration of the above, the Department agrees that the revocation of the licenses 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

February 24th, 1998

Columbia, South Carolina

We Consent:

 

Carol I. McMahan

Counsel for Regulatory Litigation

James V. Poore

James Kennedy



NOTE: Consent Order prepared by Petitioner's attorney, Carol I. McMahan. Also, please note that diagram referred to in Paragraph No. 2 is attached to original Order in file.


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