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. Hugh Gaming Corporation

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Hugh Gaming Corporation
 
DOCKET NUMBER:
98-ALJ-17-0548-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A)(Supp.1997)]. On April 16, 1998, Respondent was 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 five 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.

Prior to the hearing scheduled for November 4, 1998, 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. Respondent admits that on April 16, 1998, at the time of the South Carolina Law Enforcement agent's inspection at 738C Main Street, S. Congaree, South Carolina, there was no employee on the premises of the gaming area doing business as "Ferrari."

2. Respondent further agrees to the revocation of Class III license numbers 3939131, 3939132, 3939133, 3939134, and 3939135. Respondent agrees to surrender these licenses no later than 5:00 p.m. on November 4, 1998.

3. Respondent further agrees not to operate or allow the operation of any Class III licenses or machines at the physical location of "Ferrari" noted in No. "1" above for a period of six months from November 4, 1998 (this area is accurately depicted on the attached diagram).

4. In consideration of the above, the Department agrees to waive the remaining monetary penalties sought for this violation.

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 the 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

October 28, 1998

Columbia, South Carolina

WE SO CONSENT:



By:_____________________

Carol I. McMahan

Attorney for Petitioner







By: ______________________

Kenneth E. Allen

Attorney for the Respondent


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