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. James R. McDonald, Jr., d/b/a McDonald Amusements, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James R. McDonald, Jr., d/b/a McDonald Amusements, John D. Tyler and Linda Tyler, d/b/a Ace in the Hole
 
DOCKET NUMBER:
97-ALJ-17-0736-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 9, 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 impostion of the violation based on Respondents' failure to have a separate employee on each premises as required by Regs. 117-1909. The determination sought revocation of Respondent James R. McDonald, Jr.'s five (5) Class III licenses that no licensese 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 partaiese entered into a consent agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the partiese 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 busineses hours, Respondents James R. McDonald, Jr. agrees to the revocation of the five class III licenses in use at Ace in the Hole (License numbers 038630, 038698, 039401, 039413, and 038619), located at the intersection of Highways 214 and 321, Blackstock, South Carolina, on January 9, 1997. As 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 phycical location of the room, at the time of the violation, doing business as "Ace in the Hole", located at the intersection of Highways 214 and 321, Blackstock, South Carolina, for a period of six months (this room is accurately depicted on the attached diagram). This six month suspension begins March 1, 1998.

3. Respondents further agree to remit to the Department a monetary fine in the amount of $500.00 for each room in violation, totaling $500.00. This payment will be remitted to the Department no later than 5:00 p.m. on March 1, 1998.

4. In consideration of the above, the Department agrees that the revocation of the licenses as set forth above does not afftect 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 Respondet.

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 18, 1998

Columbia, South Carolina

We Consent:



Carol I. McMahan

Counsel for Regulatory Litigation

Richard A. Harpootlian

Robert G. Rikard

Attorneys for Respondents



NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I. MCMAHAN. PLEASE SEE FILE FOR ATTACHMENT OF DIAGRAM AS REFERRED TO IN PARAGRAPH NO. 2 HEREINABOVE.


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court