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. MSM, Inc., d/b/a Lucky's Corner

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
MSM, Inc., d/b/a Lucky's Corner
 
DOCKET NUMBER:
99-ALJ-17-0284-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondent for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998)]. On October 23, 1998, Respondent was cited for failing to have an employee present in each business 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. Respondent agrees to the revocation of the following machine licenses: 3007760, 3007777, 3007779. These licenses will be surrendered to the Department no later than 5:00 p.m. August 30, 1999



2. Respondent further agrees that no Class III machines will be permitted to operate at the physical location doing business as "Lucky's Corner", 3715 East North Street, Greenville, South Carolina, for a period of six months from August 30, 1999 (see attached diagram).

3. The above referenced machines will be able to be relicensed and operated at any other location during the 180-day period.

4. In consideration of the above, the Department agrees to waive the remaining monetary fines sought for this violation.



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 Respondent no longer require a hearing on this matter, I also Order the matter Dismissed with Prejudice.



AND IT IS SO ORDERED.





_______________________________

Honorable Ralph King Anderson III

Administrative Law Judge



August ____, 1999

Columbia, South Carolina











WE SO CONSENT:



By: _____________________

Carol I. McMahan

Attorney for Petitioner





_____________________

Steve W. Sumner

Attorney for Respondent

MSM, Inc., d/b/a Lucky's Corner






State of South Carolina

Department of Revenue

301 Gervais Street, P.O. Box 125, Columbia, South Carolina 29214


August 4, 1999



STEVE W SUMNER

ATTORNEY AT LAW

114 MANLY STREET

GREENVILLE SOUTH CAROLINA 29601



RE: South Carolina Department of Revenue v. MSM, Inc., d/b/a Lucky's Corner

Docket Number 99-ALJ-17-0284-CC



Dear Mr. Sumner:



Enclosed is the Consent Order for the above referenced matter. Please sign and return to me at your earliest convenience.



If you have any questions or need additional information, please do not hesitate to call me at (803) 898-5163.



Sincerely,





Carol I. McMahan

Counsel for Regulatory Litigation



CIM/cpc



Enclosure





STEVE W SUMNER

ATTORNEY AT LAW

114 MANLY STREET

GREENVILLE SOUTH CAROLINA 29601


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