South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Barbara Maddox, d/b/a The Lucky Leprechaun, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Barbara Maddox, d/b/a The Lucky Leprechaun, and d/b/a Shamrock Cafe; James E. Maddox, d/b/a B&J Amusement; and H. Hugh Andrews, II, d/b/a Andrews Amusement
 
DOCKET NUMBER:
99-ALJ-17-0195-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter 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 June 23, 1998, 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. 1770-190 (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").

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. For the violation on June 23, 1998 at 2460 Foster Road, Inman, South Carolina, Respondent H. Hugh Andrews agrees to the revocation of the Class III machine license Nos. 3933970, 3933971, and 3933972 that were located in the areas doing business as "Shamrock Cafe" and "The Lucky Leprechaun" located at the above address. Respondent James Maddox also agrees to the revocation of the Class III machine license Nos. 3921529, 3921530, 3921531, 3934720, 3934996, 3934997, and 3934719 located in these same areas.

2. Respondents further agree to surrender these licenses no later than May 15, 1999 to the Department.

3. Respondents further agree to remit to the Department a monetary fine in the amount of $1,500.00 ($500.00 as to each Respondent), no later than May 15, 1999.

4. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of the areas noted in the attached diagram for a period of six months beginning on May 15, 1999.

5. 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.

 

 

RAY N. STEVENS

Administrative Law Judge

May 13, 1999

Columbia, South Carolina

WE SO CONSENT:

By:

Carol I. McMahan

Attorney for Petitioner

By:

Zoe Sanders Nettles, Attorney for Respondents

Barbara Maddox and James Maddox

By:

James M. Griffin, Attorney for Respondent

H. Hugh Andrews, II

 

SEE FILE FOR ATTACHMENT OF DIAGRAM


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