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. Greenwood Music Company

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Greenwood Music Company
 
DOCKET NUMBER:
98-ALJ-17-0685-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 on April 21, 1998, for a violation of S.C. Code Ann. Section 12-21-2748 (Supp. 1998) for failing to affix owner/operator identification to a machine licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998) (commonly referred to as "Class III" machines and licenses), that was visible for inspection purposes. A Department Determination was issued sustaining the imposition of the violation and imposing a fine of $2,500.00. Respondent appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").

At the hearing on this matter on June 11, 1999, the parties entered into a consent order resolving the matter. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. Respondent admits that on April 21, 1998, at the time of the South Carolina Law Enforcemtn agent's inspection at 1415 S. Main Street, Greenwood, South Carolina, its Class III licensed machine No. 3939507, failed to have an owner identification sticker visible for inspection purposes. The parties further agree that this sticker was not visible because another sticker was taped over the identification card. This sticker had the following language written on it in large bold type, "Know your limits. It's the only way to play. If you have a problem with gambling, call the SCCPG HELP LINE. 1-800-522-4700."

2. Respondent further agrees to remit to the Department a fine of $500.00 for this violation no later than July 12, 1999.

3. In consideration of the above, the Department agrees to waive the remaining penalties as to 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 Respondents no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



__________________________

Honorable Marvin F. Kittrell

Chief Administrative Law Judge







July 13, 1999

Columbia, South Carolina

WE SO CONSENT:





By: ______________________

Carol I. McMahan

Attorney for Petitioner





By: ______________________

Thomas E. Hite

Attorney for Respondent


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