South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Edward L. Brown and Ryan McNalley, d/b/a Golden Nugget, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Edward L. Brown and Ryan McNalley, d/b/a Golden Nugget, Great Games, Inc., Jimmy L. Martin
 
DOCKET NUMBER:
98-ALJ-17-0097-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 a violation of the Video Game Machines Act [S.C. Code Ann. Sections 12-21-2804(A) (Supp. 1997)]. On January 23, 1997, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-212720(A)(3) (Supp. 1997) (referred to as "Class III" machines) at a single place or premises, in violation of Section 12-21 -2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Great Games, Inc.'s four, and Jimmy L. Martin's one Class III machine licenses, that no licenses will be allowed for use in the location for a period of six months from the date of revocation and a $5,000.00 monetary penalty against each Respondent.

Prior to the hearing on this matter scheduled for July 8, 1998, the parties worked out an agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents admit that on January 23, 1997, there were no employees on the premises of the "Golden Nugget" located at 632 E. Buena Vista Ave., North Augusta, South Carolina. The area contained five Class III video poker machines and licenses. Respondents Great Games, Inc. and Jimmy L. Martin further agree to the revocation of Class III machine license numbers 044540, 044561, 044562, 044563, and 3800116. As these licenses have expired, the Department does not require their surrender.

2. Respondents further agree not to operate or allow the operation of any Class III machines at the location 632 E. Buena Vista Ave., North Augusta, South Carolina, in the "Golden Nugget" area as depicted on the attached diagram, for a period of six months from July 20, 1998.

3. Respondents further agree to remit to the Department a monetary penalty in the amount of $500.00, no later than 5:00 pm on July 20, 1998.

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

5. All parties understand and agree that the terms as set forth above constitute the full and final resolution of this matter.

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.


Honorable Marvin F. Kittrell

Chief Administrative Law Judge

July 15, 1998

Columbia, South Carolina.



WE SO CONSENT:



By: _______________________

Carol I. McMahan,

Counsel for Regulatory Litigation

Attorney for Petitioner





By: _______________________

C. Tyrone Courtney

Attorney for all Respondents


Brown Bldg.

 

 

 

 

 

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