South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDOR vs. Glenn E. Hughes, d/b/a Ace of Clubs and Best Amusements, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Glenn E. Hughes, d/b/a Ace of Clubs and Best Amusements, Inc.
 
DOCKET NUMBER:
99-ALJ-17-0291-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondents of a citation issued

by the Petitioner South Carolina Department of Revenue ("Department") against the

Respondents for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-

1-2804(B) (Supp. 1998) occurring on January 7, 1999. The citation issued to Respondents on

that date was for a violation of that provision of the Act prohibiting the operation of more than

five Class III machines at a single place or premise. S.C. Code Ann. Sec. 12-21-2804(A).

Specifically, the Department alleged the Respondent Glenn Hughes of operating a location

without the presence of an employee in violation of 27 S.C. Code Regs. Ann. 117-190, and Best Amusements of permitting the operation of its Class III machines in violation of the same

Regulation. The regulatory Violation and Assessment Report sought the imposition of a

$5,000.00 monetary penalty against Glenn Hughes d/b/a Ace of Clubs, as the owner/operator of

the location in which the machines were being operated, and against Best's Amusement as the

owner of the machines. The Department further sought the revocation of five Class III licenses

from the Respondent Best and the closure of the Respondent Hughes' location for a period of six

months. A Final Agency Determination was issued by the Department sustaining the imposition

of the penalty assessed in the violation report.

A hearing was scheduled in this matter before the Court on December 14, 1999. Prior to

the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondent Glenn Hughes agree to close the location and premises doing business as the Ace of Club's (as further shown on the attached diagram of "The Abbey") for a

period of six months beginning January 2, 2000.

2. The Respondent Best Amusements agrees to surrender the five (5) year 2000 Class III Coin Operated Device licenses sought by the Department in this matter (license numbers

3006081, 3006082, 3006083, 3006084, 3006085) to the Department of Revenue by not later than January 2, 2000.

3. In consideration for the monetary closure of the location for six months and the surrender of the licenses, valued at $4,150 as of January 1, 2000, the Department waives the remaining monetary fines sought in this action.



Having reviewed this agreement and settlement in compromise, I hereby ORDER its

adoption and dismiss the Petition in this matter with prejudice.















________________________________ ____________________________

Jeffrey M. Nelson James M. Griffen

Counsel for Regulatory Litigation Attorneys for the Respondent

P.O. Box 125 P.O. Box 5

Columbia, SC 29214 Columbia, SC 29202

(803) 898-5172 (803) 779-4600



December 13, 1999 December 13, 1999





IT IS SO ORDERED.





___________________________

Hon. John D. Geathers

Administrative Law Judge Division



Columbia, South Carolina

January 13, 2000


Brown Bldg.

 

 

 

 

 

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