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, III, d/b/a McDonald Amusement, et al

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
James R. McDonald, III, d/b/a McDonald Amusement, ANT & ZZ Ltd., d/b/a Fast Bucks
 
DOCKET NUMBER:
99-ALJ-17-0628-CC

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter was initiated by a citation issued by the South Carolina Law Enforcement Division (SLED) against Respondents (McDonald and ANT & ZZ, Ltd.) for a violation of the Video Game Machines Act [S.C. Code Ann. Section 12-21-2804(A) (Supp. 1998) and 27 S.C. Code Ann. Reg. 117-190 (Supp. 1999)]. On July 28, 1999, McDonald and ANT & ZZ, Ltd., were cited for violating the "single place or premises" requirement of Section 12-21-2804(A) and Regulation 117-190. A Department Determination was issued sustaining the impositsion of the violation. The determination sought revocation of McDonald's five Class III licenses (licenses acquired pursuant to S.C. Code Ann. Section 12-21-2720(A)(3) (Supp. 1999) are commonly referred to as "Class III" machines and licenses), that no licenses may be used for the operation of machines at that location for a period of six months and a monetary fine against both McDonald and ANT & ZZ, Ltd. The licensees appealed and the matter was transmitted to the Administrative Law Judge Division.



Prior to the hearing, the parties resolved the matter. That resolution is incorporated into this Order.



The agreement between the parties is as follows:



1. For the violation of July 28, 1999, McDonald agrees to the revocation of the following Class III licenses: 3008330, 3160593, 3008348, 3008223, and 3012182. McDonald further agrees to surrender these licenses to the Department no later than 5:00 p.m., April 3, 2000.



2. McDonaldand ANT & ZZ, LTD., further agree not to operate or to allow the operation of the machines at the physical location of Fast Bucks, II, as it was located on July 28, 2000, at 5595 Highway 5, Catawba, South Carolrina, for a period of six months. This six month suspension also begins on April 3, 2000.





3. McDonald and ANT & ZZ, Ltd. agree to remit to the Department a fine of $500.00, no later than 5:00 p.m. on April 3, 2000.



4. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation.



5. The parties agree that this agreement constitutes the full and final resolution of the violation as set forth herein.



I find the above agreement to be fair and equitable, approve such agreement, and hereby Order its adoption. As the parties no longer require a hearing on this matter, I also Order this matter Dismissed with Prejudice.



AND IT IS SO ORDERED.





RAY N. STEVENS

Administrative Law Judge







April 10, 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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