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. North Savannah Wharf, Inc., Collins Entertainment Corporation, and Hilton Head Amusement, Co.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
North Savannah Wharf, Inc., Collins Entertainment Corporation, and Hilton Head Amusement, Co.
 
DOCKET NUMBER:
98-ALJ-17-0320-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 by the South Carolina Law Enforcement Division for violations of S.C. Code Ann. Section 12-21-2791 and 12-21-2804(A) of the South Carolina Video Games Machine Act on July 24, 1997. Citations were issued to the Respondent North Savannah Wharf for a violation of the $125.00 per day payout restriction contained in Section 12-21-2791, the single place or premise requirement of Section 12-21-2804(A) and the penalty sign requirement of Section 12-21-2802. Respondents Collins and Hilton Head Amusement were cited under 12-21-2804(A) for operating machines at the cited locations operated by North Savannah Wharf. The Regulatory violation and assesesment report issued by the Department sought the imposition of fines totaling $15,800.00 against the Respondents. A Final Agency Determination was issued by the Department on May 13, 1998 which sustained the fines, seeking revocation of nine machine licenses and that the two cited locations (Glitters Video Game Room 2 and 10) be closed for a period of six months.

This matter was set for a contested case hearing before the Administrative Law Judge Division on September 1, 1998. Prior to the hearing, the parties reached an agreement to settle this matter on the following terms and conditions:

1. Respondent North Savannah Wharf, Inc. agrees to pay the assessed fine of $500.00 for violating the $125.00 payout provision of S.C. Code Ann. Section 12-21-2791.

2. Respondent North Savannah Wharf, Inc. agrees to pay a fine in the amount of $100.00 for the assessed violation of the penalty sign requirement contained in S.C. Code Ann. Section 12-21-2802.

3. North Savannah Wharf, Inc. agrees to pay a fine in the amount of $2,500.00 and to close Glitters Video Game Room 2 and Glitters Video Game Room 10 for a period of six months from the date of this Order for the assessed violation of the single place or premise requirement of S.C. Code Ann. Section 12-21-2804(A).

4. North Savannah Wharf, Inc. agrees to make payment of the total agreed to fines, totaling $3,100.00, within thirty (30) days of the signing of this Order.

5. The Class III video game machine licenses in use at the time of the violation in this matter have expired. Respondents agree to their revocation, for purposes of the above agreed to six month prohibition on tshe operation of rroms 2 and 10, bu the Department does not require, and grees to wavie the requirement, that such licenses be returned to it by the Respondents.

6. In consideration for North Savannah Wharfg, Inc.'s agreement to pay and submit to the above listed fines and penalties, the Department agrees to waive the remaining monetary fines and penalties assessed against the three named Respondents in this matter, North Savannah Wharf, Inc. Collins Entertainment, and Hilton Head Amusement Company.

7. The parties agree that this is a compromise in settlement of a disputed case and is entered by the Department under the authority of S.C. Code Ann. Section 12-4-320(3) to compromise susch matters.

Having reviewed this agreement, and having questioned the partaies 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 Samuel S. Svalina

Counsel for Regulatory Litigation Attorney for North Savannah Wharf, Inc.

S.C. Department of Revenue and Hilton Head Amusement Co.

P. O. Box 125 601 Bladen Street

Columbia, SC 29214 Beaufort, SC 29901

(803) 898-5172 (843) 524-0333

James H. Harrison

Attorney for Collins Entertainment Corp.

1819 Hampton Street

Columbia, SC 29201

(803) 256-0049





IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge

September 28, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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