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. Don L. Chase, d/b/a Grand Games, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Don L. Chase, d/b/a Grand Games, and D&H, Inc., d/b/a Luckys D
 
DOCKET NUMBER:
99-ALJ-17-0294-CC

APPEARANCES:
n/a
 

ORDERS:

FINAL ORDER AND DECISION

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondent on September 23, 1998, for violations of S.C. Code Ann. Section 12-21-2804(A)(Supp. 1998), more than five Class III video poker machine licenses at a "single place or premises;" and S.C. Code Ann. Section 12-21-2748 (Supp. 1998), "failure to affix owner/operation identification" to a Class III video poker machine. A Final Department Determination was issued sustaining the imposition of these violations and imposing revocation of Respondent Chase's five Class III licenses (licenses issued pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1998)), a fine of $5,000.00 against each Respondent, and a six months suspension of licensing and operation of video poker machines at "Luckys D" for a period of six months. For the violation of Section 12-21-2748, the Department imposed a fine of $8,500.00 ($500.00 for each of the seventeen Class III machines that failed to have the owner/operator identification affixed). Respondent appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").



Prior to the hearing, the parties resolved the matter. That agreement is incorporated in this Order.



The agreement between the parties is as follows:



1. For the violation on September 23, 1998, the Respondents agree to the revocation of the following Class III licenses: 634614, 634615, 634616, 634617, and 634618. Because these licenses have expired during the pendency of the appeal, the Department does not require their surrender. Respondents also agree not to operate nor permit the operation of any Class III machines in the physical area doing business as "Luckys D" located at 4727 Highway 17 S, North Myrtle Beach, South Carolina for a period of six months beginning December 1, 1999 (this area is accurately depicted on the attached diagram).



2. Respondents further agree to remit to the Department a fine of $8,500.00, no later than December 1, 1999 at 5:00 p.m.



3. In consideration of the above, the Department agrees to waive the remaining monetary penalties 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 requires a hearing on this matter, I also Order this matter Dismissed with Prejudice.



AND IT IS SO ORDERED.



RAY N. STEVENS

Administrative Law Judge



November 8, 1999

Columbia, South Carolina





WE SO CONSENT:



By:

Carol I. McMahan

Attorney for Petitioner



By:

Robert A. Rikard

Attorney for Respondents





(NOTE: See file for attached diagram.)


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