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. Julian F. Adams, Sr., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Julian F. Adams, Sr., Julian F. Adams, Sr. d/b/a Lucky Seven Art Gallery, Sevens Amusement, Inc., d/b/a Mardi Gras, Collins Entertainment Corp., and Brian Nesbitt Co.
 
DOCKET NUMBER:
98-ALJ- 17-0066-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent for violations of the Video Games Machines Act ("Act"), S.C. Code Ann. § 12-21-2804 (A) (Supp. 1997) on December 12, 1996. The citation issued to Respondents on that date was for violations of that provision of the Act. Specifically, the Department alleges that the Respondents have violated the "one separate employee" requirement of South Carolina Code of Regulations Reg. 117-190 (Supp. 1997). The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00 monetary penalty against the Respondents for each violation for a total

penalty of $20,000 per Respondent. A Final Agency Determination was issued by the Department sustaining the imposition of the penalty assessed in the violation report.

Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondents Julian F. Adams, Sr., Julian F. Adams, Sr. d/b/a Lucky Seven Art

Gallery, Sevens Amusement, Inc., d/b/a Mardi Gras, agree to pay a total fine of $5,000.00 and to make payment ofthe fine to the Department within 30 days ofthe date ofthis Order. In addition the Respondents agree to close the rooms marked three (3) and four (4) in the "SLED" report filed after inspection of the premises.

2. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1996) to waive the remaining monetary penalties sought for this violation from the Respondents including the dropping of all penalties against the room masked two (2) in the aforementioned "SLED" report.

3. The parties further agree and understand that this is a compromise and settlement of a contested penalty and is entered by the Department under the authority provided it in S.C. Code Ann. 12-4-320(3) to compromise such matters.

Having reviewed this agreement and settlement in compromise, and having questioned the parties or their respective counsel regarding the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.

_________________________ ______________________

Jeffrey M. Nelson James H. Harrison

Counsel for Regulatory Litigation Attorney for Respondents

P.O. Box 125 1819 Hampton Street

Columbia, SC 29214 Columbia, S.C. 29201

(803) 737-4426 (803) 256-0049

IT IS SO ORDERED.

_____________________

Alison Renee Lee

Administrative Law Judge





June 1, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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