South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Alyson R. Huskey, d/b/a Casino Grand, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Alyson R. Huskey, d/b/a Casino Grand, and James McDonald, Jr., d/b/a McDonald Amusement
 
DOCKET NUMBER:
98-ALJ- 17-0379-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 violations of the Video Game Machines Act. On November 4, 1997, 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 12-212804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). Respondent Huskey was also issued a violation for advertising the playing of the Class III machines in violation of S.C. Code Ann. Section 12-21-2804(B) (Supp. 1997) and 27 S.C. Code Ann. Regs. 117-190.2 (Supp. 1997). Respondent Huskey advertised in the yellow pages by using the word "casino." Department determinations were issued sustaining the imposition of the violations. The Department's determination sought revocation of Respondent James McDonald, Jr.'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) for the violation of Section 12-21-2804(A). For the violation of Section 12-212804(B) (advertising), the Department's determination imposed a monetary penalty in the amount of $2,000.00 against Respondent Huskey.

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 4, 1998, at the time of the South Carolina Law Enforcement agent's inspection, they were in violation of Section 12-21-2804(A). Respondents further agree to the revocation of Class III license numbers 3929071, 3929070, 3929046, 3929075, and 3929072. Respondent agrees to surrender these licenses to the Department no later than 5:00 pm on September 1, 1998.

2. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of the area doing business as "Casino Grand" on November 4, 1998, located at 4304 Sea Mountain Hwy., Little River, South Carolina, for a period of six months from September 1, 1998 (this location is accurately depicted on the attached diagram).

3. Respondents further agree not to advertise in any manner for the playing of video poker as prohibited by Section 12-21-2804(B). Respondent Huskey agrees to remit to the Department a monetary fine in the amount of $ 1,000.00 for the advertising violation of November 4, 1997, no later than 5:00 pm on September 1, 1998.

4. 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. 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

August 28, 1998

Columbia, South Carolina



WE SO CONSENT:

By:

Carol McMahan,

Attorney for Petitioner

Robert Rikard

Attorney for Respondents


Brown Bldg.

 

 

 

 

 

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