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 Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Tripp's Inc., and Tripp's Amusement Co., Inc., d/b/a Unit 2 and Unit 3
 
DOCKET NUMBER:
99-ALJ-17-0204-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 December 8, 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. Regulations 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").

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 December 8, 1998 at Units 2 and 3 at 3599 Highway 51 North, Fort Mill, South Carolina, Respondents agree to remit to the Department a monetary fine in the amount of $1,000.00 ($500.00 as to each Respondent), no later than July 6, 1999.

2. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of these areas noted in the attached diagram, Units 2 and 3, for a period of six months beginning on July 6, 1999.

3. Respondents agree to the revocation of the Class III licenses involved on the date of violation. As the licenses have expired, the Department does not require their surrender.

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 the matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



_______________________________

Honorable John D. Geathers

Administrative Law Judge



June 24, 1999

Columbia, South Carolina



WE SO CONSENT:



By: _____________________

Carol I. McMahan

Attorney for Petitioner





_____________________

Zoe Sanders Nettles

Attorney for Respondents

Tripp's Amusement Co., Inc.

and Tripp's Inc.


Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court