South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. A.G.I., Inc., and Tiet Anderson, d/b/a All Star Amusement

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
A.G.I., Inc., and Tiet Anderson, d/b/a All Star Amusement
 
DOCKET NUMBER:
98-ALJ-17-0407-CC

APPEARANCES:
Nicholas P. Sipe, Esq. for Petitioner

Maureen O'Leary Floyd, Esq. for Respondent AGI, Inc.

Tiet Anderson, Pro Se
 

ORDERS:

ORDER OF DISMISSAL

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for violation of the Video Games Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1997)]. On January 28, 1998, Respondents were cited for having more than five licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1997) (referred to as Class III licenses) at a single place or premises based upon Respondents' failure to have a separate employee on the premises as required by Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). The Final Department Determination sustained the imposition of the violation. The determination sought revocation of Respondents' five Class III licenses, that no licenses will be used for the operation of machines at this location for a period of six months, and a monetary penalty in the amount of $5,000 against each Respondent.

Prior to a hearing on this matter scheduled for November 12, 1998, the parties entered into an agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents A.G.I., Inc. and Tiet Anderson, d/b/a All Star Amusement (owner of the Class III licensed machines) violated Section 12-21-2804(A) and Regs. 117-190, by failing to have an employee on the premises of Game Room E during business hours.

2. Respondents agree to the revocation of the five Class III licenses in use in Game Room E, located at 1531 Edgefield Road, North Augusta, South Carolina, on January 28, 1998. As these licenses have expired, the Department does not require their surrender.

3. Respondents further agree not to operate or allow the operation of Class III machines in the physical location of Game Room E for a period of six months. This area is accurately depicted on the attached diagram as Game Room #6. This six month suspension begins Thursday, November 12, 1998.

4. Respondents further agree to remit to the Department a monetary fine in the amount of $500.00. This payment will be remitted to the Department within ten days from the date of this Order.

5. In consideration of the above, the Department agrees that the revocation of the licenses as set forth above does not affect the machines to which those licenses were attached, and those machines may be re-licensed on other premises. The Department further agrees to waive the remaining monetary penalties sought for this violation as to each Respondent.

I find the above agreement to be fair and equitable, approve such settlement, and hereby Order its adoption. The 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 Alison Renee Lee

Administrative Law Judge



November 13, 1998

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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