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. MHJ Corporation, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
MHJ Corporation, Roy Stevens, and Roy Stevens, d/b/a American Bingo Gameroom
 
DOCKET NUMBER:
99-ALJ-17-0121-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued against the Respondents by the South Carolina Law Enforcement Division and a subsequent Final Agency Determination issued by the Respondent South Carolina Department of Revenue ("Department") for violations of S.C. Code Ann. Section 12-21-2802(A), 12-21-2802, 12-21-2748, and Regulation 117-190 on December 10, 1996. The Regulatory violation and assessment report issued by the Department sought the imposition of certain fines and penalties against each of the Respondents for these violations, that the five Class III COD licenses in operation of the American Bingo Gameroom (SLED Agent's Room #5) be revoked and that this location further be prohibited from the use of Class III machine licenses for a period of six months subsequent to such revocation. A Final Agency Determination issued by the Department on January 7, 1999 sustained these fines and penalties.



This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on March 2, 2999. Prior to a hearing being scheduled in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions.



1. The Respondent MHJ Corporation agrees to close and refrain from the use or operation of Any Class III video game machines at their place of business located at 1470 Charleston Highway, West Columbia, South Carolina, and further identified as "Room #5" on the SLED diagram attached hereto as Exhibit A. The period of this suspension is to run from August 15, 1999 to February 15, 2000.



2. In further consideration, the Respondent MHJ agrees to pay to the Department the amount of $3,100.00, such payment to be made to the Department by not later than September 1, 1999.



3. In full consideration for the settlement of this matter, the Respondent Roy Stevens and Roy Stevens d/b/a American Bingo Gameroom agrees to pay a fine in the amount of $3,500, such payment to be made to the Department by not later than September 1, 1999.



4. As the licenses which the Department sought the revocation of all expired on May 31, 1998, the parties agrees that the issue of their revocation is moot for the purposes of this agreement and the Department hereby waives its demand for revocation.



5. In consideration for the above stated payments and operating suspension, the Department agrees to waive the remaining monetary fines and penalties which it sought in this action.



6. 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 S. Jahue Moore

Counsel for Regulatory Litigation Kirkland, Wilson, Moore & Taylor

S.C. Department of Revenue Attorney for Roy M. Stevens

P. O. Box 125 P. O. Box 5709

Columbia, SC 29214 West Columbia, SC 29171

(803) 898-5172 (803) 796-9160



James M. Griffin

Simmons, Griffin & Lydon

Attorney for MHJ Corporation

P. O. Box 5

Columbia, SC 29202





AND IT IS SO ORDERED.







__________________________________

RAY N. STEVENS

Administrative Law Judge



This 16th day of September, 1999

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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