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. Luke S. Mazza, d/b/a Luke's, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Luke S. Mazza, d/b/a Luke's; Luke S. Mazza, d/b/a Shelly's Place; and James R. McDonald, Jr., d/b/a McDonald Amusements, Inc.
 
DOCKET NUMBER:
98-ALJ-17-0693-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent by the South Carolina Law Enforcement Division. The citation issued to the Respondents was for two violations of the single place or premise provision of S.C. Code Ann. Section 12-21-2804(A) and Regs. 117-190. The Regulatory violation and assessment report issued by the Department sought the imposition of a $5000 fine against each of the Respondents for these violation, that the ten Class III COD licenses in these two locations be revoked and that both locations be prohibited from the use of Class III machine license for a period of six months subsequent to such revocation. A Final Agency Determination issued by the Department on November 11, 1998 sustained these fines and penalties.

This matter was set for a contested case hearing before the Administrative Law Judge Division on March 18, 1999. Prior to the hearing, the parties informed the Court that they had reached a compromise under the following terms and conditions:

1. The Respondents agree to pay to the Department a fine in the amount of $2,800.00. This fine represents the current value of the one (1) 1999 Class III license at issue in this case and a fine of $1,000 for each location found by the Department to have been operating in violation of Section 12-21-2804(A). Payment is to be made to the Department within thirty (30) days of the signing of this Order. Respondents are jointly and severally liable to the Department for the payment of this fine.

2. As the remaining nine (9) licenses at issue in this case are now expired, the Department's request for their revocation is considered by the parties to be moot for the purposes of this agreement and Order.

3. The Respondents further agree to abstain and desist from the use of any Class III video game licenses or machines at the two places or premises at 1674 Highway 17 North in Little River, South Carolina, which are operating as CC Electronics d/b/a Lady Bug #3 and Lady Bug #4 for a period of six months from the date of this Order.

4. The Department agrees to waive the remaining monetary fines sought in this action.

5. The parties agree and understand that this constitutes a final settlement of this matter.

Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.









_____________________________ __________________________

Jeffrey M. Nelson Robert G. Rikard

Counsel for Regulatory Litigation Richard A. Harpootlian, P.A.

S.C. Department of Revenue 1720 Main Street, Suite 304

P.O. Box 125 P.O. Box 1090

Columbia, S.C. 29214 Columbia, S.C. 29202

(803) 898-5172 (803) 252-4848





AND IT IS SO ORDERED.





__________________________

RALPH K. ANDERSON, III

ADMINISTRATIVE LAW JUDGE



March 31, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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