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. McNickel's Inc., d/b/a McNickel's Sales and Service

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
McNickel's Inc., d/b/a McNickel's Sales and Service
 
DOCKET NUMBER:
99-ALJ-17-0428-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondent on July 24, 1997, for a violation of

S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998) and 27 S.C. Code Ann. Regulation 117-190 (Supp. 1998), for maintaining more than five Class III video poker machine licenses at a "single place or premises." A Final Department Determination was issued sustaining the imposition of the violation and imposing revocation of Respondent'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, and the imposition of a six month suspension of licensing and operation of video poker machines at "McNickel's Sales and Service" for a period of six months. Respondent appealed the matter and it was transmitted to the Administrative Law Judge Division ("Division").

On October 27, 1999, at the hearing on this matter, the parties placed a consent order on the record. That agreement is incorporated in this Order.

The agreement between the parties is as follows:

1. For the violation on July 24, 1997, the Respondent agrees to the revocation of the following Class III licenses:3921211, 3921212, 3921213, 3921214, and 3921215. Because these licenses have expired during the pendency of the appeal, the Department does not require their surrender. Respondent also agrees not to operate nor permit the operation of any Class III machines in the physical area doing business as "McNickel's Sales and Service" located at 13 Northridge Plaza, Hilton Head, South Carolina, for a period of six months beginning November 15, 1999 (this area is accurately depicted on the attached diagram).

2. Respondents further agree to remit to the Department a fine of $500.00, no later than November 15, 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.



______________________________

Honorable C. Dukes Scott

Administrative Law Judge





December 2, 1999

Columbia, South Carolina











WE SO CONSENT:





By:

Carol I. McMahan

Attorney for Petitioner





By:______________________________

H. Fred Kuhn, Jr.

Attorney for Respondent











(Note: Please refer to the case file to view the

Diagram attachment referred to in this order)


Brown Bldg.

 

 

 

 

 

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