South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. New China, Inc. of North Charleston, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
New China, Inc. of North Charleston, 8N8, d/b/a 7N7, d/b/a 3N3, New China, Inc. of North Charleston
 
DOCKET NUMBER:
98-ALJ-17-0493-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 March 21, 1998, 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 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). A Department Determination was issued sustaining the imposition of the violation. The determination sought revocation of fifteen Class III 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 March 21, 1998, at the time of the South Carolina Law Enforcement agent's inspection of the Class III video gaming location at 6195 Rivers Ave., North Charleston, South Carolina, there were no employees on the premises of the areas doing business as "8N8" and "3N3."

2. Respondents further agree to the revocation of the nine Class III licenses in these areas at the time of the violation: 3924359, 3924360, 3924378, 3924380, 3924388, 3924368, 3924369, 3924370, and 3924371. Respondents agree to surrender these licenses to the Department no later than 5:00 p.m. on January 19, 1999.

3. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of the two areas noted in the attached diagram as "8N8" and 3N3" for a period of six months beginning on January 19, 1999. Respondents further agree to remit to the Department a monetary fine in the amount of $5,000.00 no later than 5:00 p.m. on January 19, 1998.

4. In consideration of the above, the Department agrees to waive the remaining 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 Ralph King Anderson, III

Administrative Law Judge



January 12, 1999

Columbia, South Carolina





WE SO CONSENT:



By:

Carol I. McMahan

Attorney for Petitioner



By:_______________________________

Gaines W. Smith

Attorney for Respondents





See File for Attachment.


Brown Bldg.

 

 

 

 

 

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