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 |
