South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

SCDOR vs. James Shirley and Steven King d/b/a Azel's Place, et al

South Carolina Department of Revenue

South Carolina Department of Revenue

James Shirley and Steven King d/b/a Azel's Place and Tim's Amusement Co.




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 Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(B) (Supp. 1998) occurring on November 6, 1998. 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 that the Respondents Shirley and King of operating a location without the presence of an employee in violation of 27 S.C. Code Regs. Ann. 117-190. The Regulatory Violation and Assessment Report sought the imposition of a $5,000.00 monetary penalty against Shirley and King d/b/a Azel's Place, as the owner/operator of the location in which the machines were being operated, and against Tim's Amusement as the owner of the machines. The Department further sought the revocation of five Class III licenses and the closure of the 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 Administrative Law Judge Division. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following terms and conditions:

1. The Respondents Shirley and King agree to close the location and premises doing business as Azel's Place (as further shown on the attached diagram of ASports Club of Abbeville") for a period of six months from the date of the signing of this Order.

2. The Respondent Tim's Amusements agrees to surrender the three (3) year 2000 Class III Coin Operated Device licenses sought by the Department in this matter (license numbers 3006435, 306387, and 3006584) to the Department of Revenue by not later than October 1, 1999. The other two licenses sought in this matter expired on May 31, 1999 and the revocation of these licenses is therefore considered moot for the purposes of this agreement.

3. In consideration of the voluntary closure of the location for six months and the surrender of the licenses, valued at approximately $3,900 as of October 1, 1999, 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. Griffin

Counsel for Regulatory Litigation Attorney for the Respondents

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

Columbia, SC 29214 Columbia, SC 29202

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

__________________, 1999 ____________________, 1999



Hon. John D. Geathers

Administrative Law Judge

Columbia, South Carolina

September 29, 1999

Brown Bldg.






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