ORDERS:
FINAL ORDER
This matter came before the Court on July 15, 1998, pursuant to Respondents' final agency
determination of the South Carolina Department of Revenue ("Department") finding that the
Respondents violated the single place or premises provisions of the South Carolina Video Game
Machines Act.
This matter was originally set for a contested case hearing to be held on March 5, 1998,
pursuant to S.C. Code Ann. § § 1-23-310, et seq., and 12-4-30(D) (Supp. 1997). Counsel for both
parties were notified of the date, time, and place of the hearing. By facsimile dated March 2, 1998,
Kenneth E. Allen, Esq., attorney for the Respondents at that time, stated that he no longer
represented either Winner's World Lounge, Inc., ("Winner's World"), or J. M. Brown Amusement
Co., Inc., ("Brown Amusement"), due to a "potential conflict of interest." Copies of this facsimile
were shown as having been sent to Winner's World, and Brown Amusement. The hearing was held
as scheduled on March 5, 1998. The Attorney for the Petitioner was present, with his witness.
However, neither of the Respondents or anyone on their behalf appeared. By its order dated March
6, 1998, this Court dismissed Respondents' appeal, and authorized the Department to enforce its
final determination. A copy of this order was mailed to the Respondents.
The Respondent Winner's World did not sign for its certified mail containing its copy of the
order, even though the mail was sent to the address of the business. This address was the most recent
address provided to the Department as evidenced by the Business Tax Application dated March 1,
1996, and filed with the Department by Winner's World.
On March 13, 1998, C. Tyrone Courtney, Esquire, filed a motion to reconsider with this
Court. Mr. Courtney filed this motion on behalf of both Respondents, and in his certificate of
service by mail, stated that he represented both Respondents. After a conference call held by this
Court with counsel for Petitioner and counsel for Respondents held on March 30, 1998, this Court
ordered a hearing on the motion to reconsider be held on May 12, 1998, with all parties prepared to
move forward with a full hearing on the merits if the motion was granted. On May 12, 1998, a
hearing was held on the motion to reconsider. Present were Nicholas P. Sipe, Esq., representing the
Department, with his witness, and C. Tyrone Courtney, Esq., representing the Respondents. After
the hearing, this Court issued an Order on May 26, 1998, granting the motion to reconsider, and
scheduled a hearing on the merits to be heard on July 15, 1998.
On July 15, 1998, Nicholas P. Sipe, attorney for Petitioner, appeared with his witness ready
to proceed. Neither of the Respondents or their attorney was present. Mr. Sipe informed the Court
that he had received a telephone call from C. Tyrone Courtney on July 13, 1998. Mr. Courtney
informed Mr. Sipe that he would not contest the matter if his client could pay a fine of $1,000. Mr.
Courtney agreed to the revocation of all licenses listed in the Department's determination dated
October 17, 1997, and agreed that Brown Amusement would not have video poker licenses on the
premises of 2887 Tourism Drive, Garden City, S.C., for a period of six months from July 13, 1998.
Mr. Courtney specified that this agreement would apply only as to the party Brown Amusement as
he did not represent the other party. Mr. Sipe informed the Court that he had accepted Mr.
Courtney's offer, and told Mr. Courtney that he would appear and so inform the Court. The Court
waited approximately thirty minutes beyond the time scheduled for the hearing in order to see if
either of the Respondents or their attorney would appear.
Mr. Sipe made the motion that the Court adopt the agreement made between the Department
and Brown Amusement, and that the Court find Winner's World in default and grant the penalty
sought against it in the Department's final determination.
I find that the agreement between the Department and Brown Amusement is a satisfactory
resolution of the contested matter between those parties, is fair and reasonable. Brown Amusement
is to pay $1,000 to the Department within fifteen days from the date of this order. The licenses listed
in the Department's final determination dated October 17, 1997, are hereby revoked. I further find
that the Respondent Winner's World is in default.
IT IS HEREBY ORDERED that the above agreement between the Department and Brown
Amusement is adopted as the Order of this Court.
IT IS FURTHER ORDERED that the appeal of the Respondent Winner's World of the
final determination of the Department in this matter be dismissed. The Department is thereby
authorized to enforce the Department's determination issued on October 17, 1997.
IT IS SO ORDERED.
_____________________________
Ralph King Anderson, III
Administrative Law Judge
July 24, 1998
Columbia, South Carolina |
