South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

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

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tripp's, Inc., and Tripp's Amusement Co., Inc.
 
DOCKET NUMBER:
98-ALJ-17-0510-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER OF DISMISSAL

This matter came before the Court from an appeal of the Respondent Tripp's Amusement Co. Inc., and Tripp's Inc. of a citation by the Petitioner South Carolina Department of Revenue ("Department") for an alleged violation of the Video Games Machines Act ("Act"), S.C. Code Ann. § 12-21-2804(A)(Supp. 1997) on March 20, 1998. The citation issued on that date was for a violation of that provision of the Act limiting the licensing and use of five (5) Class III machines per single place or premise. S.C. Code Ann. § 12-21-2804(A); 27 S.C. Code Regs Ann. 117-190. The Regulatory Violation and Assessment Report sought

  • revocation of twenty (20) Class III licenses 3931920, 3931919, 3931918, 3931917, 3931916, 3931921, 3931922, 3931923, 3931924, 3931925, 3931951, 3931952, 3814453, 3814454, 3914455, 3814322, 3931900, 3931899, 3814457, and 3814456 issued to the Respondent Tripp's Amusement Co. Inc. and located at 1633 and 1635 Memorial Park Road, Lancaster, South Carolina;
  • that no licenses be issued for the operation of machines in the rooms denominated as "1L, 2L, 6L, and Tripp's Amusement" for a period for six (6) months, and
  • the imposition of $5,000.00 monetary penalties against both Respondents.

A final Agency Determination was issued by the Department sustaining the imposition of the fines and penalties assessed in the violation report.

A hearing was scheduled in this matter before the Court on January 13, 1999. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. Fourteen of the twenty Class III licenses in dispute, 3931920, 3931919, 3931918, 3931917, 3931916, 3931921, 3931922, 3931923, 3931924, 3931925, 3931951, 3931952, 3931900, and 3931899, are revoked as of February 10, 1999, and will be submitted to the Department by February 10, 1999.

2. Six of the Class III licenses at issue 3814453, 3814454, 3814455, 3814322, 3814457, and 3814456 expired May 1998 and do not need to be submitted to the Department.

3. Respondents further agree to not place, maintain, or operate any Class III video games machines in rooms denominated as "1L, 2L, 6L, and Tripp's Amusement" (see attached diagram with rooms at issue designated) for a period for six (6) months commencing on February 10, 1999. The Department agrees that from the date of this Order until February 10, 1999, that the Respondents are and shall be allowed to continue to operate any video game machines currently located in the rooms at issue; provided, however, that Respondents otherwise follow and obey all statutes, regulations and court decisions pertaining to the licensing and operation of such machines.

4. The Department agrees, pursuant to S.C. Code Ann. § 12-4-320(3)(Supp.1997) to reduce the remaining monetary penalties sought for this violation from $10,000 to $2,000.00 due February 10, 1999.

Having reviewed this agreement, I hereby ORDER its adoption and dismiss the Petition in this mater with prejudice.

IT IS SO ORDERED.

_____________________________

Ralph King Anderson, III

Administrative Law Judge

Columbia, South Carolina

November 23, 1999

THE BELOW COUNSEL SO CONSENT:

_________________________ _____________________________

Carol I. McMahan Zoe Sanders Nettles

Counsel for Regulatory Litigation Attorney for Respondents Tripp's

PO Box 125 Amusement Co. Inc. and Tripp's Inc.

Columbia, SC 29214


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