South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Gameco, Inc. and Tim's Amusement Co.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Gameco, Inc. and Tim's Amusement Co.
 
DOCKET NUMBER:
98-ALJ-17-0453-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 Respondents for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21 -2804(B) (Supp. 1997) occurring on October 15, 1997. The citation issued to Respondents on that date was for a violation of that provision of the Act prohibiting the operation of more than five Class III machines at a single place or premise. S.C. Code Ann. Sec. 12-21-2804(A). Specifically, the Department alleged that the Respondent Gameco of operating a location without the presence of an employee in violation of 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00 monetary penalty against each of the named Respondents, the revocation of five Class III licenses and the closure of the location for a period of six months. A Final Agency Determination was issued by the Department sustaining the imposition of the penalty assessed in the violation report.

A hearing was scheduled in this matter before the Court on October 20, 1998. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:





1. The Respondent Gameco, Inc. agrees to pay a fine of $500.00 and to make payment of the fine to the Department within 15 days of the date of this Order.

2. The Respondent Gameco, Inc. agrees to close the location and premises doing business as "Draw Poker" (as further shown on the attached diagram of"Spinners" on St. Andrews Road in Columbia) for a period of six months from the date of the signing of this Order.

3. Due to all Class III licenses in dispute in this matter having expired on May 31, 1998, the requested revocation of such by the Department is considered moot for the purposes of the settlement and compromise between the parties.

4. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1997) to waive the remaining monetary penalties sought for this violation from the Respondents.

Having reviewed this agreement and settlement in compromise, and having questioned the parties 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 Warren C. Powell, Jr.

Counsel for Regulatory Litigation ATTORNEY FOR GAMECO, INC.

P.O. Box 125 P.O. Box 61110

Columbia, SC 29214 Columbia, SC 29260-1110

(803) 898-5172 (803) 252-7693

James M. Griffin ATTORNEY FOR TIM'S AMUSEMENT

P.O. Box 5

Columbia, SC 29202

(803) 779-4600

IT IS SO ORDERED.

Hon. John D.Geathers

Administrative Law Judge

Columbia, South Carolina

November 10, 1998


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