South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. South Carolina Amusement Co., Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
South Carolina Amusement Co., Inc., Great Games, Inc. And Jimmy L. Martin
 
DOCKET NUMBER:
98-ALJ- 17-0251 -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 November 22, 1996, Respondents were cited for operating more than five machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (commonly referred to as "Class III machines and licenses"), in a single place or premises in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117190 (Supp. 1997). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of Respondent Great Games ten Class III machine licenses, that no Class III licenses will be allowed for use in the location for a period of six months and a $5,000.00 monetary penalty as to each Respondent (total monetary penalties of $15,000 00)

Prior to the hearing, the parties entered into an agreement resolving the matter. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. Respondents admit that on November 22, 1996, at the time of the South Carolina Law Enforcement agent's inspection, there was no employee on the premises of each of the areas doing business as "Loves Room" and "Kenny's Place" located at Highway 28, Clarks Hill, South Carolina. Respondents further admit that ten Class III machines were in operation on that premises. These Class III machines were licensed with South Carolina Class III license nos. 025326, 025322, 025325, 3800143, 3800144, 3800146, 3800145, 3800142, 025324, 025323, licensed to Great Games, Inc. and Jimmy L. Martin.

2. Respondent Great Games, Inc. and Jimmy L. Martin further agree to the revocation of the Class III licenses nos. in "1 " above. As the licenses have expired, the Department does not require their surrender.

3. Respondents further agree not to operate or allow the operation of any Class III machines at the location doing business as "Loves Room" and "Kenny's Place" at Highway 28, Clarks Hill, South Carolina, for a period of six months from August 28, 1998 (this location is accurately depicted on the attached diagram).

4. Respondents further agree to remit to the Department a monetary fine in the amount of $1,000.00 ($500.00 for each area in violation), no later than 5:00 pm, on August 28, 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 this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. The Court retains continuing jurisdiction to enforce this order. As Respondents no longer requires a hearing on this matter, I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.

Honorable John D. Geathers

Administrative Law Judge

September 1, 1998

Columbia, South Carolina

WE SO CONSENT:

By:

Carol I. McMahan

Attorney for Petitioner

C. Tyrone Courtney

Attorney for Respondents


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