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. 2nd Chance Enterprises, Inc., d/b/a Nevada Gold Jupiter, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
2nd Chance Enterprises, Inc., d/b/a Nevada Gold Jupiter, Nevada Gold Saturn, and Nevada Gold Pluto, and Stephen E. Lipscomb, d/b/a American Amusement
 
DOCKET NUMBER:
99-ALJ-17-0328-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Department of Revenue ("Department") against Respondents for a violation of the Video Gaming Machines Act S.C. Code Ann. Section 12-21-2804(A)(Supp. 1998). On December 4, 1998, Respondents were cited for operating more than five machines licensed 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. Regs. 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 Second Chance Enterprises agrees to remit to the Department a monetary fine in the amount of $1500.00, no later than September 1, 1999.

2. Respondents further agree not to operate or allow the operation of any Class III licenses or machines at the physical location of the rooms designated as Jupiter, Saturn, or Pluto at 2211 2nd Loop Road, Florence, South Carolina for a period of six months beginning on September 1, 1999.

3. Forfeiture of licenses 3017313, 3017314, 3017315, 3017341, 3017342, 3017316, 31017317, 3017318, 3017319, 3017320, 3017326, 3017327, 3017328, 3017329, 3017330 on or before September 1, 1999.

4. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation as to each Respondent.

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 Respodents no longer require a hearing in this matter, I also order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



_________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge



August 6, 1999.

Columbia, South Carolina.





WE SO CONSENT:



_________________________________

Jeffrey Nelson

Attorney for the Petitioner





_________________________________

Zoe Sanders Nettles

Attorney for the Respondents

Stephen Lipscomb d/b/a American Amusement Co.





________________________________

Randy Hough

Attorney for the Respondent

Second Chance Enterprises


Brown Bldg.

 

 

 

 

 

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