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. P.I. Leasing and Management, Inc., and Will Darwin Wheeler

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
P.I. Leasing and Management, Inc., and Will Darwin Wheeler
 
DOCKET NUMBER:
98-ALJ-17-0545-CC

APPEARANCES:
Nicholas P. Sipe, Esq. for Petitioner

Douglas L. Hinds, Esq. for Respondents
 

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 July 17, 1997, 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, in violation of Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 117-190 (Supp. 1997). The Final Department Determination sustained the violation based on Respondents' failure to have a separate employee on the premises as required by Regs. 117-190. The determination sought revocation of Respondents' thirty 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 $30,000 against each Respondent.

Prior to a hearing on this matter, the parties entered into a consent agreement resolving the matter. That agreement is incorporated into this Order.

The agreement between the parties is as follows:

1. Respondents P.I. Leasing and Management and Will Darwin Wheeler violated Section 12-21-2804(A) and Regs. 117-190, by failing to have an employee on the premises of six game rooms during business hours on July 17, 1997.

2. Respondents agree to the revocation of the thirty Class III licenses in use in Game Rooms 1-6, located at 2394 Highway 501, Conway, South Carolina, on July 17, 1997. 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 the six game rooms for a period of six months. These areas are accurately depicted on the attached diagram. This six month suspension begins February 12, 1999.

4. Respondents further agree to remit to the Department a monetary fine in the amount of $5,000.00. This payment will be remitted to the Department within thirty 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.





____________________________

Alison Renee Lee

Administrative Law Judge



November 13, 1998

Columbia, South Carolina.


Brown Bldg.

 

 

 

 

 

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