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. USA Express, Inc., d/b/a USA Express 3

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
USA Express, Inc., d/b/a USA Express 3
 
DOCKET NUMBER:
99-ALJ-17-0296-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on February 26, 1999, for a violation of

S.C. Code Ann. Section 12-21-2804(A) and 23 S.C. Code Ann. Regulation 117-190 (Supp. 1998), for operating and maintaining more than five Class III machines (Class III machines are video poker machines licensed pursuant to S.C. Code Ann. Section 12-21-2720(A)(3)). A Final Department Determination was issued sustaining this violation and imposing a $5,000 fine against each licensee, revoking four Class III machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. Respondent 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 February 26, 1999, Respondents agree to the revocation of the following Class III licenses: 3932777, 3932779, 3932780, and 3932782. Because the licenses have expired during the pendency of this appeal, the Department does not require their surrender.

2. Respondents further agree to pay a fine in the amount of $500.00, no later than 5:00 p.m. on November 1, 1999. Respondents also agree not to operate or allow the operation of Class III machines at the location USA Express 3, located at 989 S. Anderson Road, Rock Hill, South Carolina, for a period of six months from November 1, 1999 (this physical premises is accurately depicted on the attached diagram). Respondent has admitted he does not intend to reopen.

3. 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 requires a hearing on this matter, I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



______________________________

Honorable Ralph King Anderson, III

Administrative Law Judge



October 26, 1999

Columbia, South Carolina



WE SO CONSENT:



By:

Carol I. McMahan

Attorney for Petitioner



By:______________________________

James M. Griffin

Attorney for Respondents


Brown Bldg.

 

 

 

 

 

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