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. Southtek Services at the Court, LLC, Tim's Amusements, Inc.

AGENCY:
South Carolina Department of Revenue

PARTIES:
Petitioners:
South Carolina Department of Revenue

Respondents:
Southtek Services at the Court, LLC, Tim's Amusements, Inc.
 
DOCKET NUMBER:
99-ALJ-17-0632-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 August 18, 1999, for a violation of S.C. Code Ann. Section 12-21-2804(C) (Supp. 1998), for paying out from a machine licensed pursuant to S. C. Code Ann. Section 12-21-2720(A)(3)(Supp. 1999) (commonly referred to as "Class III" machines and licenses) to an individual under the age of twenty-one. The South Carolina Department of Revenue (Department) issued its Final Department Determination sustaining this violation and seeking revocation of Respondent Tim's Amusement, Inc.'s five Class III licenses at the location and Respondent Southtek Inc.'s retail license. Respondents appealed the determination and it was transmitted to the Administrative Law Judge Division (Division) for a hearing.



Prior to the hearing, Respondent Southtek and the Department resolved the issue between them. That resolution is incorporated in this Order.



The agreement between the parties is as follows:



1. For the violation on August 18, 1999, Respondent Southtek agrees to remove all Class III video poker machines from the physical location of the area doing business as Southtek Services, LLC, d/b/a The Court, on the day of the violation, located at 2365 Aviation Avenue, North Charleston, South Carolina. Respondent Southtek will remove these machines no later than midnight of March 31, 2000. Respondent further agrees not to place, operate, nor maintain, nor permit the placement, operation, and/or maintenance of Class III machines at or in this location in the future.



2. In consideration of the above, the Department agrees to waive the remaining penalties sought for this violation as to Respondent Southtek.



3. Respondent Tim's Amusement Inc. is unaffected by this agreement and will continue to pursue its appeal of the violation charged in this case.



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 Southtek no longer requires a hearing on this matter, I also Order as to Respondent Southtek, this matter is Dismissed with Prejudice.



AND IT IS SO ORDERED.





__________________________________

RAY N. STEVENS

Administrative Law Judge



April 6, 2000

Columbia, South Carolina



WE SO CONSENT:



By:  

Carol I. McMahan

Attorney for Petitioner



By:

Kenneth Allen

Attorney for Respondent, Southtek Services, LLC



By:  

James M. Griffin

Attorney for Respondent, Tim's Amusements, Inc.


Brown Bldg.

 

 

 

 

 

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