South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Mid-South, Inc., and Coastal Coin, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Mid-South, Inc., and Coastal Coin, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0507-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 August 12, 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 12-21-2804(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 ten 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 into this Order.

The agreement between the parties is as follows:

1. Respondents admit that on August 12, 1997, at the time of the South Carolina Law Enforcement agent's inspection at 1111 Main Street, Summerville, South Carolina, there were no employees on the premises of the areas doing business as "Jackpot Video Games" and "The Donut Hole."

2. Respondents further agree to the revocation of the ten Class III licenses in these areas at the time of the violation. As these licenses have expired during the pendency of this appeal, the Department does not require their surrender.

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 "Jackpot Video" and "The Donut Hole" for a period of six months beginning on December 4, 1998. (See attached diagram in file.) Respondents further agree to remit to the Department a monetary fine in the amount of $1,000.00 ($500.00 for each area in violation), no later than 5:00 p.m., on December 16, 1998. Should the Gateway decision eliminate the six month suspension penalty, Respondents will be free to reopen.

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.

___________________________

Ralph King Anderson, III

Administrative Law Judge



December 29, 1998


Brown Bldg.

 

 

 

 

 

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