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. Stephen E. Lipscomb, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Stephen E. Lipscomb, d/b/a American Amusement and American Amusement Company of Greenville-Spartanburg, Inc., and Punjab Petroleum, Inc., d/b/a Washington Room, d/b/a Jefferson Room, d/b/a Lincoln Room
 
DOCKET NUMBER:
99-ALJ-17-0463-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by citations issued by the South Carolina Law Enforcement Division against Respondents on December 11, 1998, for violations of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regs. 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)) at a "single place or premises." The South Carolina Department of Revenue (Department) issued its Final Determination sustaining this violation and imposing a $5,000 fine against each licensee, revoking fourteen Class III machine licenses, and also prohibiting the use of Class III machines at this location for a period of six months. Respondents appealed the matter and it was transmitted to the Administrative Law Judge Division (Division).

Prior to the hearing scheduled for January 27, 2000, 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 December 11, 1998, Respondents agree to the revocation of the fourteen Class III licenses on the video poker machines at the location at the time of the violation. Eight of these licenses have expired during the pendency of this appeal, as such, the Department does not require their surrender. Respondents agree to surrender the remaining six licenses: 3007793, 3007794, 3007795, 3007450, 3007451, and 3007790, no later than 5 p.m. on February 27, 2000.

2. Respondent Punjab Petroleum, Inc., further agrees to pay a fine in the amount of $500 for each of the three locations in violation for a total monetary penalty of $1,500. This amount will be paid no later than 5 p.m. on February 27, 2000. Respondents also agree not to operate or allow the operation of Class III machines at the physical locations of the areas doing business as "the Jefferson Room," "the Lincoln Room," and "the Washington Room," on the date of the violation, located at 1625 White Horse Road, Greenville, South Carolina, for a six month period beginning February 27, 2000 (these areas accurately depicted on the attached diagram.)

3. In consideration of the above, the Department agrees to waive the remaining penalties sought for these violations.

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 Respondents no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.

AND IT IS SO ORDERED.



______________________________

Ralph King Anderson, III

Administrative Law Judge





February 7, 2000

Columbia, South Carolina



WE SO CONSENT:





By:_____________________________

Carol I. McMahan

Attorney for Petitioner





By:_____________________________

Zoe Sanders Nettles, Attorney for Stephen Lipscomb

d/b/a American Amusement of Greenville-Spartanburg, Inc.





By:_____________________________

Robert P. Lusk, Attorney for Punjab Petroleum, Inc.


Brown Bldg.

 

 

 

 

 

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