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. POP Enterprises, Inc., et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
POP Enterprises, Inc., both individually and d/b/a Northside Video Magic and POP Northside Video
 
DOCKET NUMBER:
99-ALJ-17-0502-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter came before the Court from an appeal of the Respondent POP Enterprises, Inc.

of a citation issued by the Petitioner South Carolina Department of Revenue ("Department") against the Respondent by the South Carolina Law Enforcement Division for a violation of S.C. Code Ann. Section 12-21-2802(B) and Regulation 117-190 on May 6, 1999. The Regulatory violation and assessment report issued by the Department sought the imposition of two $5,000.00 fines against the Respondent for these violations; the revocation of ten Class III COD licenses and a six month prohibition on the operation of Class III machines on the cited premises. A Final Agency Determination issued by the Department on August 26, 1999 sustained the fine and penalties.



This matter was transmitted to the Administrative Law Judge Division for a contested case hearing on September 29, 1999. A hearing was scheduled before the Honorable Ray N. Stevens on December 20, 1999. Prior to the hearing being held in this matter, the parties informed the court that they had reached a compromise under the following terms and conditions:



1. Respondents admit to a violation of the single place or premise provision of Section 12-21-2804(A) and Regulation 117-190 as to the location doing business as POP's Northside Video on or about May 6, 1999.



2. The Respondent agrees to pay a fine of $1,000.00 to the Department by not later than January 1, 2000.



3. The Respondent further agrees to the revocation of five (5) Class III Coin Operated Device licenses bearing license numbers 3021609. 3021610, 3021611, 3021612, and 3021613, and to return these licenses to the Department of Revenue or South Carolina Law Enforcement Division by not later than January 1, 2000.



4. The Respondent further agrees to cease and desist from the operation of any Class III type or licensed machines for a period of six months beginning January 1, 2000 and ending June 30, 2000 on the premises previously licensed as POP's Northside Video and as further shown on the diagram attached hereto as Exhibit A.



5. In consideration for the above stated agreement and payment, the Department agrees to waive the remaining monetary fines and penalties sought in this action.



6. The parties agree and understand that this constitutes a final settlement of the violations alleged in this action.



Having reviewed this agreement and the terms thereof, I hereby ORDER its adoption and dismiss the Petition in this matter with prejudice.







Jeffrey M. Nelson David W. Gantt

Counsel for Regulatory Litigation Attorney for the Respondent

S.C. Department of Revenue 107 Manly Street

P. O. Box 125 Greenville, SC 29601

Columbia, SC 29214 (864) 250-9780

(803) 898-5172







IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge



January 10, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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