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. Mark D. Williams, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Mark D. Williams, Wendy Lou Solomon, RCM, Inc., d/b/a Rosemary Coin Machines of Florence
 
DOCKET NUMBER:
98-ALJ-17-0042-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. 1907)]. On January 22, 1997, Respondents were cited for having more than five licenses acquire pursuant to S.C. Code Ann. Section 12-21-2710(A)(3) (Supp. 19979) (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 RCM, Inc.'s five and Wendy Solomon's eight Class III machine licenses, that no licenses will be allowed for use ion the location for a period of six months from the date of revocation and a $5,000.00 monetary penalty against each Respondent. The Department's initial notice of the violation cited Action Amusement and Leasing, Inc. And MAD of Hilton Head, Inc. The violation has been dismissed with prejudice as to these two parties.

Prior to the hearing on this matter scheduled for May 4, 1998, the partakes 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 22, 1997, there were no employees on the premises of "The Place," "Wendy's Amusements, Inc.," and "Wendy's," located at 5335 Dorchester Road, Ste. 8A, North Charleston, South Carolina. Each of these areas contained five Class III video poker machines and licenses. Respondents RCM, Inc. And Wendy Solomon further agree to the revocation of Class III machine license numbers 027506, 027507, 027508, 027509, 027504, 027505, 027510, 3802239, 026235, 030091, 3802877, 3802880, and 3802881. Respondents further agree to surrender license numbers 3802239, 380277, 3802880, and 3802881, no later than 5:00 p.m. on May 1, 1998. As she remaining licenses have expired, the Department does not require their surrender.

2. Respondents further agree not to operate ore allow the operation of any Class III machines at the location 5335 Dorchester Road, Ste. 8A, North Charleston, South Carolina, in the areas "1," "2," and "3," as depicted on the attached diagram, for a period of six months from May 1, 1998.

3. Respondent Williams further agrees to remit to the Department a monetary penalty in the amount of $500.00, no later than 5:00 p.m. on May 1, 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.





RAY N. STEVENS

Administrative Law Judge

April 29, 1998

Columbia, South Carolina

WE SO CONSENT:

By:  

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

By:

Zoe Sanders Nettles

Attorney for Respondent

RCM, Inc., Rosemary Coin Machines of Florence

By:

James M. Griffin

Attorney for Respondents Mark Williams

And Wendy Solomon

NOTE: CONSENT ORDER PREPARED BY PETITIONER'S ATTORNEY, CAROL I. MCMAHAN.

PLEASE SEE FILE FOR DIAGRAM REFERRED TO IN PARAGRAPH NO. 2.


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