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. MIT, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
MIT, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0164-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

These matters were initiated by citations issued by the South Carolina Department of Revenue ("Department") against Respondents for violations of the Video Game Machines Act [S.C. Code Ann. Sections 12-21-2804(A), 12-21-2802, and 12-21-2748 (Supp. 1997)]. On July 24, 1997, Respondents Phillip Monday, Oscar Tysinger, III, and MIT, Inc., were cited for maintaining 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 and licenses) 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). Also on October 3, 1997, Respondent MIT, Inc., was cited for a violation of Section 12-21-2748, for failing to affix owner/operator identification to two Class III machines. Similarly, on October 3, 1997, Respondent Phillip Monday was cited for a violation of Section 12-21-2802, for failing to display the penalty signs as required for Class III machines. Department Determinations were issued sustaining the imposition of the violations. The determinations sought revocation of Respondent Oscar Tysinger's three, and Respondent MIT, Inc.'s seven, Class III machine licenses, that no Class III licenses will be allowed for use in the location for a period of six months from the date of revocation and a $5,000.00 monetary penalty as to each Respondent, Phillip Monday, Oscar Tysinger, and MIT, Inc. A determination also imposed a monetary penalty in the amount of $1,000.00 against MIT, Inc., for the violation of Section 12-21-2748. A determination also sought a monetary penalty of $300.00, against Phillip Monday for the violation of Section 12-21-2802.

Prior to the hearings on these matters, the parties worked out an agreement resolving the matters. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents admit that on July 24, 1997, there were no employees on the premises of the areas doing business as "Treasures" and " Treasures Video, " located Hwy. 17, Hardeeville, South Carolina. Each of these two areas contained five Class III video poker machines and licenses. Respondents agree to the revocation of these ten licenses. Respondents further agree to surrender these Class III licenses with nos. 3800624, 3800625, 3800626, 3921224, 3921225, 3921169, 3921170, 3921222, 3921223, and 3921231, to the Department, no later than 5:00 p.m. on May 29, 1998.

2. Respondents further agree not to operate or allow the operation of any Class III machines at the physical location of the rooms as set forth in "1" above (as depicted on the attached diagram as the shaded areas), for a period of six months from May 29, 1998.

3. Respondent Monday, further agrees to remit to the Department a monetary fine in the amount of $200.00, for the violation of Section 12-21-2802, that occurred on October 3, 1997.

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for the single place or premises violation as to the Respondents. The Department further agrees to waive all penalties sought for the violation of Section 12-21-2748. These penalties were imposed on multi station machines that did have at least one owner identification attached at the time of the inspection. The Department further agrees to waive the remaining monetary penalties sought for the violation of Section 12-21-2802, as to Respondent Monday, as this is his first such offense of this nature.

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.




Honorable Marvin F. Kittrell

Chief Administrative Law Judge

May 28, 1998

Columbia, South Carolina





WE SO CONSENT:



By:


Carol I. McMahan, Counsel for

Regulatory Litigation

Attorney for Petitioner



By:


Darrell Thomas Johnson, Jr.

Attorney for Respondents


Brown Bldg.

 

 

 

 

 

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