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. Izzat Khalil, Stephen Lipscomb, American Amusement Co., Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Izzat Khalil, Stephen Lipscomb, American Amusement Co., Inc.
 
DOCKET NUMBER:
98-ALJ-17-0126-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. Section 12-21-2804(A) (Supp. 1997)]. On May 20, 1997, Respondents were cited for having more than five licenses acquired pursuant to S. C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (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 American Amusement Co., Inc.'s fourteen Class III machine licenses, that no licenses will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty against each Respondent.

Prior to the hearing, the parties 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 there were no employees on the premises of each of the three video gaming rooms at the time of the agent's inspection. Respondents Stephen Lipscomb and American Amusement Co., Inc., further agree to the revocation of Class III machine license numbers 3815432, 3815433, 3815434, 3815435, 3815436, 032672, 032688, 033867, 033868, and 3814676. Respondents further agree to surrender these licenses (with the exception of Nos. 032672, 032688, 033867, and 033868, which have expired during the pendency of this appeal), to the Department no later than 5:00 p.m. on April 15, 1998.

2. Respondents further agree not to operate or allow the operation of any Class III machines at the location 4725 Augusta Road, Greenville, South Carolina, for a period of six months from April 15, 1998.

3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. As the parties no longer require a hearing on this matter I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.

_____________________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge

April 8, 1998

Columbia, South Carolina



WE SO CONSENT:



By:


Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner



By:


Zoe Sanders Nettles, Attorney for all Respondents

Brown Bldg.

 

 

 

 

 

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