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. James R. McDonald, Jr., d/b/a McDonald's Amusements, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James R. McDonald, Jr., d/b/a McDonald's Amusements, Billy Moses, d/b/a Dollar Bill 4
 
DOCKET NUMBER:
99-ALJ-17-0548-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division against Respondents on June 24, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(A) and 27 S.C. Code Ann. Regulation 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 Department Determination sustaining this violation and imposing a $5,000 fine against each licensee, revoking five 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 on this matter, 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 June 24, 1999, Respondents agree to the revocation of the five Class III licenses on the video poker machines at the location at the time of the violation. Respondents agree to surrender these license Nos. 3008566, 3008810, 3008811, 3008812, and 3008816, no later than 5:00 pm on February 15, 2000.

2. Respondents also agree to remit to the Department a fine in the amount of $500.00 for each location in violation for a total monetary penalty of $500.00. This amount will be paid no later than 5:00 p.m. on February 15, 2000. Respondents also agree not to operate or allow the operation of Class III machines at the physical locations of the area doing business as "Dollar Bill 4" located at 2000 Highway 321 N, Clover, South Carolina, for a six month period which began when the business closed on January 14, 2000 (this area is 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 requires 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 16, 2000

Columbia, South Carolina















WE SO CONSENT:





By:

Carol I. McMahan

Attorney for Petitioner





By:_____________________________

Robert G. Rikard, Attorney for Respondents


Brown Bldg.

 

 

 

 

 

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