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. Tripp's Amusement Co., Inc., and Nolan Snelling

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tripp's Amusement Co., Inc., and Nolan Snelling
 
DOCKET NUMBER:
98-ALJ-17-0690-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1997)]. On October 23, 1997, Respondents were 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 the 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 as to each Respondent (total monetary penalties of $10,000.00).

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. Respondents admit that on October 23, 1997, at the time of the South Carolina Law Enforcement agent's inspection at 4390 McConnell's Highway, Rock Hill, South Carolina, there were no employees on the premises of the area doing business as " Nolan's Video Room."

2. Respondents further agree to the revocation of the three Class III licenses

in this area at the time of the violation. Respondents agree to surrender Class III license Nos. 3931946, 3931947, and 3931948, no later than 5:00 p.m. on March 1, 1999.

3. Respondent further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of this area noted in the attached diagram for a period of six months beginning on March 1, 1999.

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






Marvin F. Kittrell

Chief Judge

March 4, 1999

Columbia, South Carolina

WE SO CONSENT:

By:


Carol I . McMahan

Attorney for the Petitioner



By:


Zoe Sanders Nettles

Attorney for the Respondent Tripp's Amusement Co., Inc.



By:


A. Randolph Hough

Attorney for Respondent Nolan Snelling


Brown Bldg.

 

 

 

 

 

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