South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Buttons, Inc., d/b/a Buttons Refreshment Center, W. Stuart Pace

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Buttons, Inc., d/b/a Buttons Refreshment Center, W. Stuart Pace
 
DOCKET NUMBER:
98-ALJ-17-0323-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 January 30, 1998, Respondents were cited for operating more than five machines licensed pursuant to S.C. Code Anno. Section 12-212720(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. 117-190 (Supp. 1997). A Department Determination was issued sustaining the imposition of the violation. The termination sought revocation of Respondent W. Stuart Pace's 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 $10,000.00).

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 January 30, 1998, at the time of the South Carolina Law Enforcement agent's inspection, there was no employee on the premises of the area doing business as Buttons, Inc., d/lo/a Button's Awards, located at 1206L, West Parker Road, Greenville, South Carolina. Respondents further agree to the revocation of Class III license numbers 3816532, 3816533, 3816531, 3816525, and 3816529. As these licenses have expired during the pendency of this appeal, the Department does not require their surrender.

2. Respondents further agree to operate or allow the operation of not more than 5 Class III licenses or machines at the physical location of a building located at 1206L West Parker Road, Greenville, South Carolina, for a period of six months from October 1, 1998. This area was formerly two separate premises known as 1206L and 1206K.

3. Respondents further agree to remit to the Department a monetary fine in the amount of $500.00, no later than 5:00 p.m. on October 1, 1998.

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation.

I find this agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. This Court retains continuing jurisdiction to enforce this Order. As Respondents no longer require 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 28, 1998

Columbia, South Carolina

WE CONSENT:

By:

Carol I. McMahan

Attorney for Petitioner

L. Lesesne Hendricks, Jr.

Attorney for Respondents


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