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. Slots of Fun, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Slots of Fun, Inc., New Wave Enterprises, and H. Hugh Andrews, d/b/a Andrews Amusement Co.
 
DOCKET NUMBER:
98-ALJ-17-0697-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. 1998)]. On November 1, 1996, Respondents were 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. Respondents appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").

At the hearing on this matter, the parties stipulated to the following in satisfaction of the violation. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. Respondents admit the violation.

2. Respondents further agree to the revocation of the Class III licenses at this location. Because they have expired during the pendency of the appeal, the Department does not require their surrender.

3. Each Respondent further agrees to remit to the Department a monetary fine in the amount of $1,000.00 each, for total penalties of $3,000.00. This amount will be remitted to the Department no later than April 23, 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.





____________________________

Ralph King Anderson, III

Administrative Law Judge

May 28, 1999

Columbia, South Carolina



WE SO CONSENT:



__________________________

Carol I McMahan, Esquire

Attorney for Petitioner





__________________________

James M. Griffin, Esquire

Attorney for Hugh Andrews





__________________________

S. Jahue Moore, Esquire

Attorney for Slots of Fun, Inc. and

New Wave Enterprises, Inc.


Brown Bldg.

 

 

 

 

 

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