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. Winnsboro Petroleum Co., Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Winnsboro Petroleum Co., Inc.
 
DOCKET NUMBER:
97-ALJ-17-0722-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2802 (Supp. 1997)]. On January 22, 1997, Respondent was cited for failing to post penalty signs as required by Section 12-21-2802. A Department Determination was issued sustaining the imposition of the violation and imposing a $600.00 monetary penalty for this violation ($200.00 for each machine that failed to have a penalty sign).

Prior to a hearing, the parties resolved the matter. Their agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondent agrees to place the required penalty signs on or above the machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997). Respondent further agrees to remit to the Department a monetary penalty in the amount of $400.00 ($200.00 for each failure to have the required penalty signs) no later than 5:00 p.m., on March 27, 1998.

2. In consideration of the above and based on the facts of this case, the Department agrees to waive the remaining monetary penalties sought for this violation.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. This 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





Carol I. McMahan

Counsel for Petitioner

James H. Harrison

Attorney for Respondent



March 20, 1998

Columbia, South Carolina

NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I. MCMAHAN.


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