South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Frank and Marilyn Muggeo, d/b/a M&M Leasing

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Frank and Marilyn Muggeo, d/b/a M&M Leasing
 
DOCKET NUMBER:
98-ALJ-17-0037-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.§§ 12-21-2802 and 12-54-40(b)(3) (Supp. 1996). The South Carolina Department of Revenue (Petitioner) alleges that Frank and Marilyn Muggeo, d/b/a M&M Leasing (Respondent), operator of the premises, maintained machines licensed pursuant to S.C. Code Ann. § 12-21-2720 (A)(3) (1996) and located at 27 Archer Road, Hilton Head, South Carolina. The Petitoner further cited Respondent on November 22, 1996, for the failure to display a penalty sign for each of the five stations of a multistation Class III machine as mandated by S.C. Code Ann. § 12-21-2802 (Supp 1996).

After notice to all parties, a hearing was conducted on April 3, 1998.

Prior to the commencement of testimony, the parties reached an agreement regarding the administrative violation. The parties agree that the Class III video game machine involved is a multistation machine. As such, only one penalty sign for the machhine is required pursuant to S.C. Code Ann. § 12-21-2802. No penalty sign was present at the time of the inspection on November 22, 1996 in violation of the statute. Respondent, Frank & Marilyn Muggeo d/b/a M&M Leasing agree to pay a fine of $300 within fifteen (15) days of the date of this Order.

AND IT IS SO ORDERED.

ALISON RENEE LEE

Administrative Law Judge

April 28, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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