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. Hudson River Trading Ltd. d/b/a Gold River, and Hudson River Trading Ltd.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Hudson River Trading Ltd. d/b/a Gold River, and Hudson River Trading Ltd.
 
DOCKET NUMBER:
99-ALJ-17-0337-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 Respondent for a violation of the Video Games Machines Act ("Act"), S.C. Code Ann. Sec. 12-21-2804(A) (Supp. 1998) occurring on January 8, 1999. The citation issued to the Respondent 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 of operating a location without the presence of an employee and without separate electric utility meter 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 the Respondent, 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 Court on October 4, 1999. Prior to the hearing, an agreement was reached between the parties resolving this matter on the following





terms and conditions:

1. The Respondent Hudson River Trading Ltd. agrees to close the location doing business as Gold River at 239 Herring Rd., Fair Play, South Carolina, for a period of six months effective November 4, 1999 through May 3, 2000.

2. The Respondent further agrees to either: the voluntary revocation of five (5) Class III COD licenses (numbers 3007689, 3007690, 3007691, 3007698, and 3007686) to be remitted to the Department on November 4, 1999, OR, the payment of a fine in the amount of $5,800 to the Department of Revenue on November 4, 1999; such amount representing the value of the aforesaid licenses on that date.

3. The Department agrees, pursuant to S.C. Code Ann. Section 12-4-320(3) (Supp. 1998) to waive the remaining monetary penalties sought for this violation from the Respondent.

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 Robert P. Lusk, Esq.

Counsel for Regulatory Litigation Attorney for the Respondent

P.O. Box 125 P.O. Box 1286

Columbia, SC 29214 Anderson, SC 29622

(803) 898-5172 (864) 224-2597



IT IS SO ORDERED.

___________________________

Hon. C. Dukes Scott

Administrative Law Judge



Columbia, South Carolina

October 25, 1999


Brown Bldg.

 

 

 

 

 

Copyright © 2021 South Carolina Administrative Law Court