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 Services at the Court, L.L.C., consented to remove all video poker machines from its premises and prohibit such machines from operating at its location, in the future. At that time, Respondent Tim's Amusement desired to pursue its appeal. However, after reconsidering the matter, Tim's Amusement Inc. no longer requires a hearing on this matter and agrees to the following:



1. For the violation on August 18, 1999, Respondent Tim's Amusements Inc., agrees to the revocation of the following Class III machine licenses: 0634725, 0634724, 0634723, 3002124, and 0634722. Respondent will surrender license no. 3002124 to the Department no later than 5:00 p.m. on April 28, 2000. Because the remaining licenses have expired during the pendency of this appeal, the Department no longer requires their surrender.



2. In consideration of the above, the Department consent.



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 27, 2000

Columbia, South Carolina



WE SO CONSENT:



By:  

Carol I. McMahan

Attorney for Petitioner



By:  

James M. Griffin

Attorney for Respondent, Tim's Amusements, Inc.


Brown Bldg.

 

 

 

 

 

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