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. Power Players, Inc. d/b/a Power Play, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Power Players, Inc. d/b/a Power Play, Power Play II, and Power Play III, and Riptide Construction Company, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0684-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents Power Players, Inc. and Riptide Construction of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") and the South Carolina Law Enforcement Division against the Respondent for violations of S.C. Code Ann. Section 12-21-2748, 12-21-2802, and 12-21-2804(A) of the South Carolina Video Games Machine Act on November 22, 1996. The citation issued to the Respondents alleged violations of the "single place or premise" provision of Section 12-21-2804(A) and the "separate employee" requirement contained in Regulation 117-190, as well as a violation of the owner identification requirement of Section 12-21-2748 and the penalty sign provision of Section 12-21-2802. The Regulatory violation and assessment report issued by the Department sought the imposition of monetary fines against both Respondents, the revocation of the thirteen (13) Class III COD licenses, and the closing of the two rooms found to be in violation for a period of 6 months. A Final Agency Determination was issued by the Department on November 9, 1998 which sustained the fine and penalties.

This matter was set for a contested case hearing before the Hon. Ralph K. Anderson, III of the Administrative Law Judge Division on March 2, 1999. Prior to the hearing, the parties requested that such be canceled on the basis of the parties having reached a Settlement Agreement in the following particulars:

1. Respondents agree to pay a fine to the Department in the amount of $4,500.00 within thirty (30) days of the signing of this Order. Respondents Power Players, Inc. and Riptide Construction Company, Inc. are jointly and severally liable for the payment of this fine.

2. Respondent further agrees to close the rooms doing business as "Power Play II" and "Power Play III", located at 208 S. Fraser Street, Georgetown, South Carolina, and as further indicated on the attached Exhibit A, for a period of six months commencing on the date of the signing of this Order.

3. The Department agrees and consents to lift any period of time remaining on the six month suspension imposed and agreed to in Paragraph 2 should the South Carolina Supreme Court render a final decision in the case of Gateway Enterprises, Inc. v. S. C. Dept. of Revenue, argued before the Court in March 1998, which affirms the Order of the Circuit Court finding that a six month moratorium on the operation of Class III video game machines is an inappropriate penalty under the Video Game Machines Act.

4. As all of the Class III COD licenses in use at "Power Play II" and "Power Plat III" on the date of the inspection last expired on May 31, 1998, the requested revocation of these licenses is waived by the Department.

5. The Department further waives its request for the remainder of the monetary fine initially sought in this action.

6. The parties agree and understand that this constitutes a final settlement of all issues and violations presented before the Court in this matter.

Having reviewed this agreement, and having determined it to be a fair and equitable settlement of the action herein, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.





_________________________ __________________________

Jeffrey M. Nelson, Esq. H. Buck Cutts, Esq.

Counsel for Regulatory Litigation Attorney for the Respondents

S.C. Department of Revenue 825 Fifth Avenue North

P.O. Box 125 Post Office Box 14520

Columbia, SC 29214 Surfside Beach, SC 29587

(803) 898-5172 (843) 238-3442







IT IS SO ORDERED



_________________________

Hon. Ralph K. Anderson, III

Administrative Law Judge









March 8, 1999

Columbia, SC


Brown Bldg.

 

 

 

 

 

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