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. Lady Luck Cafe and Games, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Lady Luck Cafe and Games, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0618-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. 1998)]. On February 13, 1997, Respondent was cited for operating more than five machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (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. 1998). A Department Determination was issued sustaining the imposition of the violation. Respondent appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").

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. Respondent admits that on February 13, 1997, at the time of the South Carolina Law Enforcement agent's inspection at 10030 Dorchester Road, Summerville, South Carolina, there was no employee on the premises of the area doing business as "Lady Luck 2."

2. Respondent further agrees to the revocation of the Class III licenses in this area at the time of the violation. Because these licenses have expired during the pendency of this appeal, the Department does not require their surrender.

3. Respondent further agrees not to operate or allow the operation of any Class III licenses or machines at the physical location of the area noted in the attached diagram as "No. 5" for a period of six months beginning on April 1, 1999. The Respondent also agrees to remit to the Department a monetary fine in the amount of $500.00, no later than 5:00 p.m. on April 1, 1999.

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





March 24, 1999

Columbia, South Carolina











WE SO CONSENT:





By:

Carol I. McMahan

Attorney for Petitioner



By:__________________________________

James H. Harrison

Attorney for Respondent


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