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. Frank and Marilyn Muggeo, d/b/a M&M Leasing, Archer Property, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Frank and Marilyn Muggeo, d/b/a M&M Leasing, Archer Property, Inc., and Collins Entertainment Corporation, 27 Archer Road, Hilton Head, S.C.
 
DOCKET NUMBER:
98-ALJ-17-0036-CC

APPEARANCES:
Nicholas P. Sipe, Attorney for Petitioner

James H. Harrison, Attorney for Respondent
 

ORDERS:

ORDER AND DECISION

This matter is before the Administrative Law Judge Division (Division) pursuant to S.C. Code Ann. § 1-23-600(E) (Supp. 1996); S.C. Code Ann. § 12-21-2804(A) and 27 S.C. Code Ann. Regulation 117.190 (Supp. 1996). The South Carolina Department of Revenue (Petitioner) alleges that the Respondents, applied for, received, maintained, or permitted to be used licenses for the operation of more than five machines authorized under § 12-21-2720(A)(3) at a single place or premises.

The Petitioner seeks revocation of ten (10) Class III video game machine licenses, taxes of $5,000 each against Frank and Marilyn Muggeo, d/b/a M&M Leasing, Archer Property, Inc., and Collins Entertainment Corporation, and an order prohibiting the use of any Class III video game machine licenses at 27 Archer Road, Hilton Head, South Carolina, for a period of six months from the date of the license revocation. After notice to all parties, a hearing was conducted on April 3, 1998.

Prior to the commencement of testimony, the parties reached an agreement settling the controversy. The agreement consists of the following:

1. The Class III video game machine licenses listed in the Agency Final Determination are owned by Collins Entertainment Corporation, and are in use, within one structure surrounded by exterior walls at 27 Archer Road, Hilton Head, South Carolina on November 22, 1996.

2. The Respondents, M&M Leasing and Archer Property, Inc., operate the individual game rooms where the machines are located.

3. All Class III video game machine licenses located in the two rooms at 27 Archer Road in Hilton Head are are revoked.

4. Respondents Frank and Marilyn Muggeo shall pay a fine of $500 within fifteen (15) days from the date of this Order.

5. No Class III video game machines licenses shall be used, or applied for, received, maintained, or permitted to be used at 27 Archer Road, Hilton Head, South Carolina for a period of six months from the date of the Order.

AND IT IS SO ORDERED.



_______________________________ ALISON RENEE LEE

Administrative Law Judge

April 28, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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