SC Administrative Law Court Decisions

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 August 6, 1997, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-212720(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 Jamey Kennedy's five, Community Amusement Inc.'s two, Craton Partners Inc.'s one, and Big TI Enterprises Inc.'s one, 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, Respondents Jamey Kennedy, Craton Partners, Big TI Enterprises, Inc., and Community Amusements, Inc., worked out an agreement resolving the matter as to their liability for the violation (see Consent Order dated April 27, 1998). Also prior to a hearing on the matter, Piedmont Tool and Supply, Inc. worked out an agreement resolving the matter. That agreement is incorporated into this Consent Order.

The agreement between the parties is as follows

1. Respondent Piedmont Tool and Supply, Inc. admits the violation.

2. Respondent Piedmont Tool and Supply, Inc., further agrees not to operate or allow the operation of any Class III machines at the location Choice Video Games, 212 N. Kings Hwy., Myrtle Beach, South Carolina, for a period of six months from June 1, 1998 (this location is accurately depicted on the attached diagram).

3. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation as to Respondent Piedmont Tool and Supply, Inc.

I find the above settlement to be fair and equitable, approve such settlement, and hereby Order its adoption. As Respondent Piedmont Tool and Supply, Inc., no longer requires a hearing on this matter, I also Order this matter Dismissed with Prejudice as to this named Respondent.

AND IT IS SO ORDERED.

Chief Administrative Law Judge

May 27, 1998

Columbia, South Carolina.

WE CONSENT:

Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner

Attorney for Respondent Piedmont Tool & Supply Co.